sanef SA Terms and Conditions
The French inter-companies electronic toll system marketed under the registered trademark Liber-t , allows users of certain types of vehicles supplied with a Liber-T compatible on-board unit (“Tag”), to use certain lanes of the motorway and parking network operated by the motorway and parking companies listed at Annex II (the “Toll Charger Companies”) branded with the Liber-T symbol (excluding the Mont-Blanc and Fréjus tunnels) equipped with the Liber-T electronic toll collection system (the "Network") and to receive a single invoice for all Tolls incurred on the Network(the "Liber-T System").
In these terms and conditions, the following definitions apply:
"sanef" means Sanef SA, located 30 boulevard Gallieni, 92130 Issy-les-Moulineaux, France, represented by Lluís Deulofeu as CEO (phone : +33 1 41 90 59 00, fax: +33 1 41 90 84 00); and
" emovis tag UK Ltd " means emovis tag UK Ltd, a company incorporated and registered in England and Wales with company number 9924217 whose registered office is at emovis tag UK Ltd, St John’s Offices, Albion Street, Leeds, LS2 8LQ, United Kingdom.
2. Electronic Toll Collection Service Provider (ETS Provider)
sanef is a Toll Charger Company and an electronic toll collection service provider ("ETS Provider"). In carrying out its role as an ETS Provider, sanef is acting on its own account and for the other Toll Charger Companies pursuant to the common mandate signed by the Toll Charger Companies for the implementation of the Liber-T System.
3. Object of the Agreement
These terms and conditions set out the terms under which UK motorists (“Subscriber(s)”) may subscribe to use the Liber-T System on the Network in consideration of the payment by the Subscriber of the Charges (as defined below) in accordance with the payment method set out in clause 7.
4. The Subscriber
The Subscriber shall be a physical person using one or more light vehicles in the toll classes set out in clause 6.3.a who has registered with sanef and to whom sanef has issued one or more Tags.
5. Subscription Agreement
This agreement is effective as soon as sanef accepts the Subscriber's Application as described below and, subject to the Subscriber complying with its obligations under these terms and conditions, shall continue until terminated by either party in accordance with clause 8.
5.2 Subscription Process
By registering details on the emovis tag UK Ltd website (which can be found at www.saneftolling.co.uk or www.emovistag.com (the "Website")) and confirming at the end of the registration process that it wishes to subscribe to the Liber-T System, the Subscriber accepts:
sanef may accept or reject Subscribers' Applications at its sole discretion. A contract is formed and this Subscription Agreement is effective from the date sanef accepts the Subscriber's Application by sending a confirmation email that the Application has been accepted.
The Subscriber confirms that the details provided to sanef for registration purposes (such as identity, residence, bank data) are true, correct and complete and shall immediately inform sanef of any changes to the information provided in their Application. Failure to comply with these provisions shall be a material breach of these terms and conditions and shall permit sanef to terminate the Subscriber's Subscription Agreement in accordance with clause 8.2 without liability. The Subscriber can access and update their personal information in the "Your Account" area of the Website. The Subscriber agrees to provide evidence of any registration details to sanef upon request.
5.3 Application Vetting
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE MAKING AN APPLICATION FOR USE OF THE LIBER-T SYSTEM. BY AGREEING TO THESE CONDITIONS YOU CONSENT TO SANEF PROCESSING AND HOLDING YOUR PERSONAL DATA IN ACCORDANCE WITH THE CONDITIONS SET OUT BELOW.
Subscribers who apply to use the Liber-T System via the Website (an "Application") acknowledge that sanef will procure that emovis tag UK Ltd or other third party will process their application details for the purpose of the Application vetting and for the carrying out of credit checks to assess their credit worthiness.
By making an Application, Subscribers authorise sanef to use the service of a credit reference agency to verify the identity of the Subscriber and to assess their credit worthiness. As part of this verification process, emovis tag UK Ltd (or other third party) will obtain details of any credit judgements that have been awarded against the Subscriber through the County or High courts in England and Wales. These will typically have been lodged as a result of the conduct of the Subscriber's credit affairs.
Where sanef deems any of this information to be material to the Subscriber's Application (including (but not limited to) where the Subscriber has been declared bankrupt or has credit judgements awarded against them), sanef reserves the right to decline the Subscriber's Application.
BY SUBMITTING AN APPLICATION TO SANEF TO USE THE LIBER T SYSTEM VIA THE WEBSITE SUBSCRIBERS ARE CONFIRMING THE FOLLOWING:
ANY SUBSCRIBER THAT DOES NOT CONSENT TO THESE CONDITIONS ACKNOWLEDGES THAT SANEF IS UNABLE TO PROCESS THEIR APPLICATION TO USE THE LIBER-T SYSTEM AND IS REQUESTED TO CONTACT EMOVIS TAG UK LTD ON THE TELEPHONE NUMBER LISTED ON THE CONTACT PAGES OF THE WEBSITE.
sanef undertakes that it and emovis tag UK Ltd and any other third party instructed by sanef to carry out application vetting on sanef's behalf, will not utilise any financial data other than the Subscriber's data when assessing an Subscriber's credit worthiness.
TVA is a sales tax applicable in France which is similar to value added tax (VAT) in the United Kingdom and is payable on all fees (excluding the Tag Deposit) under these terms and conditions.
a. Subscription Fees
Upon making an Application, the Subscriber shall pay a total sum of 39.20€ including TVA to sanef, composed of the following fees:
together, the "Subscription Fees".
In addition to the Subscription Fees, Subscribers must pay a monthly service fee of 5€ + TVA for each calendar month in which the Subscriber uses the Liber-T System up to a maximum fee of 10€ + TVA per year per Tag ("Monthly Active Service Fee").
Additional Tags may be provided to the Subscriber subject to i) payment of an additional 20€ refundable security deposit per Tag; ii) payment of additional Monthly Active Service Fees of 5€ + TVA per Tag for the calendar months during which the Liber-T System is used up to a maximum service fee of 10€ + TVA per year per Tag and iii) payment of postage and packing fees of 5€ + TVA per Tag by the Subscriber
b. Foreign Exchange Finance Charge
The subscriber must pay a 2%+TVA "Foreign Exchange Finance Charge" on the total invoice. sanef uses the commercial exchange rate based on the exchange rate that we get when we buy Euros through the commercial banking system which will vary on a month by month basis.
c. Toll Charges
The Subscriber shall be liable to pay to sanef any and all toll charges incurred by the Subscriber arising for its use of the Liber-T System and the Network at rates prevailing at the time the Subscriber uses the Network ("Toll Charges") together with any additional amounts incurred pursuant to these terms and conditions in accordance the terms for payment set out at clause 7. A copy of the current prevailing Network toll charges is available by following from the following url: http://www.autoroutes.fr/en/key-rates.htm
d. Unpaid Direct Debit Charge
Should the Subscriber not maintain a valid direct debit mandate OR does not ensure that there are sufficient funds available to settle their outstanding account balance in full then a 10€+TVA fee may be applied to cover administration costs.
For the purposes of these terms and conditions, the "Charges" shall mean together the Subscription Fees, the Monthly Active Service Fees, the Foreign Exchange Finance Charge, the Toll Charges and the Unpaid Direct Debit Charge.
5.5 Right to Cancel
The Subscriber may cancel its Subscription by notifying sanef at any time within 14 days beginning on the day after the contract is formed and the Subscription Agreement is effective under Clause 5.1 (the "Cancellation Period"). The Subscription may be cancelled in following the cancellation instructions published in My Account.
If the Subscriber cancels within the Cancellation Period:
Following cancellation, the Subscriber shall within a reasonable time return any Tags issued to the Subscriber (and bear the costs of doing so) in good working order to emovis tag UK Ltd, Horbeam House, Hornbeam Park, Hookstone road, Harrogate, North Yorkshire HG2 8QT. Where any Tag is not sent back by the Subscriber within 30 (thirty) days of cancellation of the Subscription, sanef shall be entitled to use legal means to recover it and shall charge all applicable costs to the Subscriber. Where the Subscriber is unable to return any Tag or if a Tag has been damaged, sanef reserves the right to retain the Tag Deposit. Until any Tag has been safely received, the Subscriber shall be solely responsible for its safe keeping.
6. Use of the Tag
6.1 The Subscriber must comply with all applicable laws and police regulations applicable to the Network, including (but not limited to) the motorways, toll facilities or car parks comprising the Network. The Subscriber is solely responsible for the use of the Tag and agrees to comply with all published operating instructions, including (without limitation):
Failure to comply with these instructions may lead to the Subscriber being liable for additional and/or unexpected Toll Charges.
The Subscriber acknowledges that:
Tags issued to Subscribers are personal to the Subscriber and can be used by the Subscriber in different vehicles. The Subscribers must not use any Tag issued to it for multiple vehicles concurrently (for example, for several vehicles following each other on the same toll lane) or on several toll lanes.
The assignment, leasing or sale of Tags by the Subscriber is prohibited and will result in immediate termination of the Subscriber's Subscription Agreement as a material breach of these terms and conditions. Without prejudice to its other rights and remedies, sanef reserves to the right to retain any applicable Tag Deposits in the event of such breach.
In the absence of a valid, active and properly positioned Tag in the vehicle, the Subscriber will be required to pay any toll charges using another means of payment. Invalid Tags may be removed by toll plaza staff.
6.2 Replacement and withdrawal of Tags
Tags remain the property of sanef at all times and sanef may recall any Tag(s) by request. Following notification of such withdrawal, the Subscriber shall immediately cease to use any relevant Tag and return the Tag(s) to sanef in accordance with the terms of this clause. In case of technical failure, the need to replace any Tag or in order to prevent any incident related to normal wear and tear, at sanef's sole discretion sanef may replace Tags without charge. If after examining any Tag sanef determines any failure is attributable to the acts or omissions of the Subscriber, sanef reserves the right to charge the Subscriber a replacement fee of 20€ for the cost of the repair and/or replacement of the Tag.
6.3 Conditions applicable to the use of Tags on the Network
a. Classes of Permitted Vehicles
The Liber-T System can be used by the following classes of vehicle:
b. Behaviour of the Subscriber in toll plazas on the Network
In order to use the Liber-T system, Subscribers must take lanes marked with the "t" symbol at the entrance and at the payment lane.
Class 1 vehicles shall drive into toll lanes reserved for class 1 vehicles (usually equipped with a template showing the restriction height of 2 metres).
Class 2 and 5 vehicles equipped with a Tag shall drive into relevant lanes marked with the 't' symbol at the entrance, and into payment lane marked with a "t" symbol.
As a condition of the Subscription Agreement, the Subscriber agrees to comply with:
The Subscriber agrees to use its best endeavours to ensure that a minimum distance of 4 metres is maintained between its vehicle and all other vehicles at the toll lane entrances and toll plazas,
c. Subscriber’s behaviour in special situations
The Subscriber acknowledges that in the situations set out below, the Subscriber may be subject to restrictions in its use of the Liber-T System or a variation in the applicable toll charge rate:
The Subscriber acknowledges as a condition of the Subscription Agreement that the use of a Tag by a Class 2 vehicle in a lane reserved for a Class 1 vehicle (equipped with a specific height) or by a vehicle of Class 3 or 4, is not permitted and shall entitle sanef to retain any Subscriber Tag Deposits and to immediately terminate the Subscriber's Subscription Agreement.
d. Conditions applicable to the use of Tags in car parks
Subscribers may use the Tag to pay exit charges in car parks that display the Liber-T symbol . A Tag allows the Subscriber to pay the amount due at the exit by using the lane indicated by the "t" symbol. Prior to entering any such car park, the Subscriber must ensure that their vehicle conforms to the height and LPG restrictions applicable to the car park. A list of Liber-T supported car parks can be found at the following url: http://www.parkindigo.fr/, and at UrbisPark in Bordeaux.
7. Payment Terms and Invoicing
sanef may invoice all Charges payable pursuant to these terms and conditions and the Subscription Agreement on a monthly basis and will collect payment by direct debit in full within ten working days of issue of such invoice. Subscription Fees will be collected.
Subscribers should note that journeys on sections of the Network operated jointly by several Toll Charger Companies may be shown separately on the statement of journeys by the Toll Charger Company concerned.
The Subscriber shall pay all amounts due to sanef pursuant to these terms and conditions and the Subscription Agreement in full and without any deduction or set-off of any kind and in GBP Sterling or such other currency as sanef notifies to the Subscriber from time to time using, where applicable, the exchange rate for conversion to the specified currency which is posted on the day the invoice was created by such bank as is specified by sanef from time to time.
The Subscriber shall at all times ensure that it retains sufficient funds in its account registered with sanef to permit sanef to take payment for invoices in full on the due date for payment.
sanef reserves the right to apply payments from the Subscriber in any manner and to any indebtedness owed to sanef as sanef may deem appropriate.
If the Subscriber disputes any invoice or other statement of monies due, the Subscriber shall immediately notify sanef in writing. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. Where only part of an invoice is disputed, the undisputed amount shall be paid on the due date.
Charges in case of nonpayment, sanef will be entitled to charge the following additional fees:
8.1 Subscriber Termination
The Subscriber may at any time terminate their Subscription Agreement by giving 1 (one) months' notice either in writing or via the “Your Account” section of the Website.
8.2 Sanef Termination
Without prejudice to any other rights or remedies which sanef may have, sanef may terminate any Subscription Agreement without liability immediately on giving notice to the Subscriber if:
(a) the Subscriber fails to pay any amount due under these terms and conditions or the Subscription Agreement on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or
(b) the Subscriber commits a material breach of any of the terms of these terms and conditions or the Subscription Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(c) the Subscriber repeatedly breaches any of the terms of these terms and conditions or the Subscriber Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Subscription Agreement;
(d) the Subscriber suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply
(e) the Subscriber is the subject of a bankruptcy petition or order.
8.3 Consequences of Termination
On termination of the Subscription Agreement for any reason:
(a) the Subscriber shall immediately pay to sanef all outstanding unpaid Charges and interest and, in respect of any Charges incurred but for which no invoice has been submitted, sanef may issue an invoice which shall be payable immediately on receipt;
(b) the Subscriber shall within a reasonable time return any Tags issued to the Subscriber to sanef in good working order. Where any Tag is not sent back by the Subscriber within 30 (thirty) days of termination of the Subscription Agreement, sanef shall be entitled to use legal means to recover it and shall charge all applicable costs to the Subscriber. Where the Subscriber is unable to return any Tag or if a Tag has been damaged, sanef reserves the right to retain the Tag Deposit. Until any Tag has been retuned, the Subscriber shall be solely responsible for its safe keeping.
(c) The accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination; and
(d) Clauses of the Subscription Agreement or of these terms and conditions which expressly or by implication have effect after termination shall continue in full force and effect.
9. Temporary deactivation of the Tag
9.1 Temporary deactivation by sanef
sanef may inform the Subscriber that its Tag will be temporarily deactivated for maintenance. During this period, the Subscriber must pay for its journeys in standard toll lanes using a different means of payment than the Liber-T System and shall refrain from using the relevant Liber-T System entry and exit lanes at toll plazas during this period.
9.2 Temporary deactivation by the Subscriber
The Subscriber may request the deactivation of any Tag issued to it in case of loss or theft. Notification must be immediately reported to sanef in writing (via letter, fax or e-mail) or via the Website, mentioning the relevant Tag number. The deactivation of a Tag is performed upon receipt of notification. sanef shall not be liable where a Subscriber fails to request the deactivation of any Tag. Upon receipt of notification from the Subscriber, sanef shall issue the Subscriber with a new Tag with a different number as soon as possible. Except as otherwise provided in the Agreement, a new Tag Deposit will be required from the Subscriber. If the Subscriber finds the Tag that was considered lost or stolen, it must be returned by registered mail to sanef or delivered to a sanef point of sale.
Subscriber acknowledges as a condition of the Subscription Agreement that it shall not use any Tag notified to sanef as lost or stolen and doing so shall entitle sanef to retain any Subscriber Tag Deposits and to immediately terminate the Subscriber's Subscription Agreement.
10. Online services
10.1 Your Account
Where the Subscriber uses the Website, it is responsible for complying with the relevant emovis tag UK Ltd terms and conditions of use, for maintaining the confidentiality of its account and password and for preventing unauthorised access to the account. The Subscriber agrees to accept responsibility for all activities that occur under its account or password. The Subscriber should take all necessary steps to ensure that the password is kept confidential and secure and should inform sanef immediately if it has any reason to believe that the password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
10.3 Intellectual property rights
The Subscriber may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of sanef, the Liber-T System or Toll Charger Companies without express written consent. The Subscriber may not use any meta tags or any other "hidden text" utilising any intellectual property of sanef, the Liber-T System or the Toll Charger Companies or related trademarks without the express written consent of sanef.
The Subscriber may not use or reproduce any sanef, the Liber-T System or the Toll Charger Companies’ logos or website content.
12. Amendments to the Agreement
sanef reserves the right to make changes to sanef policies at any time and to these terms and conditions and any Subscription Agreement upon notice to Subscribers. Subscribers will always be subject to sanef's most recent policies and terms and conditions unless otherwise required by law or government authority.
If any of the provisions of these terms and conditions or the Subscription Agreement are deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provision.
13. Events beyond sanef reasonable control
Sanef will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect Subscribers' statutory rights.
A waiver of any right under these this Subscription Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Subscription Agreement or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15. Applicable law and competent court
This Subscription Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of France.
16.1 This clause 16 sets out the entire financial liability of sanef (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Subscriber in respect of:
(a) any breach of the Subscription Agreement;
(b) any use made by the Subscriber of the Liber-T System or any part thereof; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms and conditions and the Subscription Agreement.
16.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions or the Subscription Agreement.
16.3 Nothing in these terms and conditions or the Subscription Agreement limits or excludes the liability of sanef:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Subscriber as a result of fraud or fraudulent misrepresentation by sanef.
16.4 Subject to clause 16.2 and clause 16.3:
(a) sanef shall not be liable for any: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of contract; (vii) loss of use; (viii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising in connection with the Subscription Agreement or the Liber-T System; and
(b) sanef's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these terms and conditions or the Subscription Agreement shall be limited to the total Charges paid by the Subscriber for the Services in the previous 12 month period.
Sanef SA terms and conditions v 30-06-2016
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