Credit, Instalment or Membership Payments
IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
You have no right to cancel this agreement under the Consumer Credit Act 1974, the Timeshare Act 1992 or the Financial Services (Distance Marketing) Regulation 2005.
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this Agreement was made. If they were not, we cannot enforce this agreement without getting a court order.
The Act also gives you a number of rights. You can settle this agreement at any lime by giving notice in writing and paying off the amount you owe under the agreement Examples indicating the amount you might have to pay appear in the agreement.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
Terms of Credit Agreement
1. We agree to permit you to pay the Amount of Credit specified overleaf by the monthly instalments specified overleaf. If the membership fees or treatment estimate increase during the term of this Agreement in accordance with the Practice terms and conditions, then the extra amount will be recovered in accordance with the Practice terms and conditions rather than pursuant to this Agreement.
2. You must have paid the Advance Payment specified overleaf on or before the date of this Agreement. You agree to pay to us the monthly instalments specified overleaf promptly by their due dates. All instalments are payable by Direct Debit or Card Payment (Credit/Debit Cardholder Not Present Transaction). You also agree to pay us on demand our charges and expenses referred to in this Agreement and our reasonable costs (including legal costs) in connection with the enforcement of our rights under this Agreement.
3. We may end this Agreement after furnishing you with a default notice, if any information supplied by you when applying to enter into Agreement was misleading or untrue in a material respect or you commit any material or persistent breach of this Agreement. If we end this Agreement for any of those reasons you must pay to us the outstanding balance of the Amount of Credit together with any costs referred to in clause 2. You will be taken to have committed a material breach of this Agreement if, without our prior written consent, you fail to pay a monthly instalment within seven days of its due date.
4. You must notify us in writing within seven days of any change of your name or address. You must pay to us on demand our reasonable expenses for locating you if you change your name or address without notifying us as above.
5. We may charge you an administration fee of £15 if any Direct Debit or Card Payment is not received by us by its due date. Additionally, we may suspend or terminate ongoing treatment at that time and invoice you for the cancelled appointment even if it is initiated by us with reasonable charges that may apply due to the breach of this agreement.
6. You may end this Agreement at any time by paying to us the outstanding balance of the Amount of Credit together with any costs, charges and expenses referred to in clause 2. We may also end this Agreement at any time without cause or explanation and demand full payment within 14 days of notice. If your Practice membership is terminated early in accordance with the Practice terms and conditions:
6.1 this Agreement will automatically end on the same date; and
6.2 we will reduce the outstanding balance of the Amount of Credit by such portion (if any) as relates to the unexpired part of the Commitment Period of your membership of the Practice and by any other amounts that may be owing to you under the Practice terms and conditions.
7. As a result of your signing this Agreement on the premises of the Practice, this Agreement will come into effect immediately and no cooling off period will apply. This Agreement will continue until it is ended in accordance with its terms. This Agreement is not capable of variation in any respect.
8. If your membership of the Practice is put on hold in accordance with the Practice terms and conditions of membership we will allow you a payment holiday equal to the period of suspension. The monthly instalments under this Agreement will then recommence when your membership suspension ends.
9. Any notice to you under this Agreement shall be correctly served if it is delivered or sent to you at your address (this includes electronic mail address and facsimile number) stated in this Agreement or your last known address. Any notice to us under this Agreement shall be correctly served if delivered or sent to us at the address stated in this Agreement or delivered or sent to the Practice. Any notice sent by first-class post or by any electronic means shall be regarded as received by the addressee three days after posting.
10. No relaxation, waiver or indulgence which we may grant you shall affect our strict rights under this Agreement
11. Where more than one person, whether patient, guardian or account holder, has entered into this Agreement as the Customer, you are jointly and severally liable for the Customer’s obligations under this Agreement, including payment of the monthly instalments and the outstanding balance of the Amount of Credit together with any costs, charges and expenses referred to in clause 2. Each of you can be held liable for the Customer's obligations under this Agreement.
12. We may appoint any other company which we will notify you in writing as our processing agent to receive and collect the monthly instalments. There will be no extra cost to you for these services supplied by such agent.
13. We may transfer and/or assign our rights and/or our obligations under this Agreement. This will not affect your rights under this Agreement. You may not transfer any of your rights or obligations under this Agreement.
14. In considering your application, we may search your record at credit reference agencies and which may be linked to your spouse/partner with whom you are financially connected. They will add to their record about you, details of our search and your application and this will be seen by other organisations that make searches. This and other information about you and those with whom you are financially connected may be used to make credit decisions about you. We may also add to your record with credit reference agencies details of your Agreement with us, any payments you make under it and any default or failure to keep to its terms. This information will be shared with other organisations and may be used and searched by us and them to consider applications for credit and credit related services, such as insurance, for you and any associated person and to trace debtors, recover debts, prevent or detect money laundering and fraud, and to manage your account. We may check your details with fraud prevention agencies and if you provide false or inaccurate information or we suspect fraud, this information may be recorded. Fraud prevention agency records will be shared with other organisations to help make decisions on credit, motor, household, life and other insurance proposals or claims, for you. You may write to us at the address stated overleaf if you wish to receive details of the credit reference agencies or any other agencies from whom we obtain, and to whom we pass, information about you. You have a legal right to these and to receive a copy of the information we hold about you if you request this of us in writing. We may charge a fee for providing this.
15. This Agreement shall be governed by English Law, or any other jurisdiction you may have residency in our sole discretion.
16. If you have a complaint about this Agreement, you should contact the Practice and request a copy of our complaints procedure. If your complaint remains unresolved, you may refer your complaint to the Financial Ombudsman Service. South Quay Plaza. 183 Marsh Wall. London E14 9SH. Email to firstname.lastname@example.org or telephone 0845 080 1800.
Practice: Artiste Studios – L’Orthodontiste, 4 Hammersmith Broadway, London W6 7AL
Creditor: Artiste Ltd, ETOS Building 3, Chiswick Park, London W4 5YA. Registered in England No. 7013572