- Devonshire House, 582 Honeypot Lane, Stanmore, HA7 1JS
- shred@total-shred.com
This Agreement (“Agreement”) is made between Total Shred Ltd (“Total Shred”) and the Customer (details as provided overleaf or via email/online order confirmation). It takes effect from the date of Total Shred’s first service visit (“Start Date”).
By engaging our services, the Customer agrees to the following terms:
1. Scope of Services
Total Shred will provide the following services to the Customer:
1.1 Recurring Confidential Waste Services
– Supply and maintenance of secure Locked Security Consoles or related equipment for the collection of confidential waste.
– Collection of Confidential Materials on an agreed schedule.
– Secure on-site or off-site destruction via mechanical shredding.
– Issuance of a Certificate of Destruction after each service.
– Recycling or disposal of Shredded Material.
1.2 One-Off Collections
– Collection of confidential waste from a designated location.
– Secure destruction via shredding at our facility or at the Customer’s site.
– Issuance of a Certificate of Destruction, if requested.
1.3 Customer Inspection
Customers may, with reasonable notice, request to observe the Destruction Process.
1.4 Confidentiality
Total Shred will treat all materials and data in its custody as confidential and will take reasonable measures to ensure its secure handling and destruction.
2. Definitions
2.1 A “Certificate of Destruction” is a document that Total Shred provides to the Customer as confirmation that the Destruction Process, as described in Section 1.2, has been completed with respect to Confidential Materials.
2.2 “Confidential Material” means any materials, including documents, that are placed within Total Shred’s Locked Security Consoles located on the Customer’s business premises or collected for destruction during one-off collections.
2.3 “Locked Security Consoles” are secured storage containers (consoles, wheelie bins or sacks) designed for the day-to-day collection and storage of the Customer’s Confidential Materials.
2.4 “Shredded Material” consists of the waste material that is produced by Total Shred’s mechanical shredding devices during the Destruction Process.
3. Equipment Ownership (For Recurring Services Only)
All equipment (consoles, bins, sacks) remains the property of Total Shred. Customers are responsible for the safekeeping of such items.
4. Damaged Equipment
The Customer will compensate Total Shred for any damage to or loss of equipment provided, except for damage caused by Total Shred personnel.
5. Customer Responsibilities
– Material Restrictions: The Customer must not place hazardous waste, batteries, sharps, liquids, or any non-paper contaminant into consoles or sacks unless explicitly agreed in writing.
– Access: The Customer shall provide safe and reasonable access to premises on the scheduled collection date(s).
6. Service Fees and Payment Terms
The Customer will pay the agreed service fee for document collection, destruction, and other related services. Invoices must be paid within 30 days of the invoice date. For one-off services, upfront payment may be required.
7. Adjustments of Fees
Total Shred may adjust the Service Fee annually after the initial 12-month period by giving the Customer no less than three months’ written notice.
8. Term and Termination
8.1 Recurring Services: Agreement valid for a minimum term of 12 months, cancellable with three months’ notice after that. A one-month probationary period applies.
8.2 One-Off Services: Valid only for the duration of the requested service. Concludes upon issuance of Certificate of Destruction.
9. Default
In the event of breach by either party, the non-breaching party may suspend services and/or terminate the Agreement with 30 days’ written notice. The Customer will pay all outstanding fees including those covering the remaining agreement term if Total Shred is not in breach.
10. Force Majeure
Neither party will be held liable for delays caused by circumstances beyond their control. Termination is allowed if such circumstances continue for more than one month.
11. Protection of Personal Data
11.1 In the event we process your personal data in the course of performing our obligations under the Agreement, the parties agree that, for the purposes of the UK GDPR, you shall be the controller and we shall be the processor.
11.2 You instruct us (and authorise us to instruct any sub-processor we appoint) to process your personal data as reasonably necessary for the provision of the Services and in accordance with the Agreement.
11.3 The subject-matter, duration, nature, and purpose of processing, and the types of personal data and data subjects, shall be as follows:
– Subject-matter: Performance of the Services.
– Duration: Term of the Agreement and any period thereafter required by law.
– Nature and Purpose: Collection, destruction, and disposal of documents and data.
– Types of Personal Data: Any personal data within the Customer’s documents.
– Data Subjects: Any individuals whose data is held by the Customer.
11.4 We shall:
– Process the personal data only on documented instructions from you unless required to do so by law;
– Ensure personnel authorised to process the personal data are subject to confidentiality obligations;
– Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk;
– Assist you in fulfilling data subject rights and ensuring compliance with Articles 32 to 36 of the UK GDPR;
– At your choice, delete or return all personal data upon termination of services;
– Make available to you all necessary information to demonstrate compliance and allow for audits;
– Inform you if we believe any instruction from you infringes applicable data protection law.
11.5 We shall not appoint any sub-processor without your prior written consent (general or specific).
11.6 Where general authorisation is given, we shall inform you of changes to sub-processors and you may object within five days. We may terminate the Agreement if objections cannot be resolved.
11.7 Sub-processor contracts shall contain the same data protection obligations as set out in this clause.
11.8 You shall reimburse us for reasonable costs incurred in assisting with your compliance duties, subject to clause 6.
11.9 You warrant that you have lawful grounds to provide instructions and that you will comply with applicable data protection law.
11.10 We shall not be liable for any breach of this clause arising from your instructions or failure to comply with the law.
Insert original GDPR section here – full content to follow in separate attachment due to length.
12. Assignment
Customers may not assign this Agreement without written consent from Total Shred.
13. Insurance
Total Shred holds employer and public liability insurance up to £10,000,000. Proof can be provided on request.
14. Limitation of Liability
To the extent permitted by law:
– Total Shred shall not be liable for indirect, incidental, or consequential losses.
– Liability for direct losses is limited to £10,000 per incident, except in cases of gross negligence or wilful misconduct.
15. Governing Law
This Agreement shall be governed by the laws of England and Wales. Disputes shall be resolved under the jurisdiction of the English courts.