Terms & Conditions

Terms & Conditions

  1. Introduction

1.1 These terms and conditions are applicable to engaging the services of Business Rescue & Recovery (BR&R). BR&R is a trading name of Athena Collections Ltd

BR&R will act as agents of the Client for the purpose of providing assistance in the most appropriate manner and any other supplementary service associated with this process.

1.2 Please read these terms and conditions before using the biz-rescue.co.uk website (“Website”) or instructing us by telephone or in writing whether by post or electronic means as, in accessing and using our Website or instructing us by telephone or in writing whether by post or electronic means, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

1.3 This page, together with all documents referred to on it, tells you the terms and conditions on which we allow access to and use of our Website and/or supply any of the services listed on our Website to you. For the avoidance of doubt, any reference to terms and conditions shall include all documents referred to on this page and within the text of any such documents also. These terms and conditions will also apply to any correspondence entered between us.

1.4 The Website is operated by BR&R T/as Athena Collections Ltd, a limited company registered in England & Wales under company number 10853122, whose registered office is at Lytchett House, 13 Freeland Park, Wareham Road, Poole, BH16 6FA, United Kingdom and whose VAT number is 273382003 (” Athena Collections”, “our”, “we” or “us”).

1.5 We will do our best to ensure that all content published on the Website is accurate, however all content on the Website is provided on an ‘as is’ basis. We make no representations or warranties of any kind with respect to our Website or its contents and disclaims all such representations and warranties. You agree to assume total responsibility and risk for your use of the Website and of all information contained within it.

1.6 These terms and conditions may be modified without notice from time to time but, should this happen; they will be posted on our Website or you may request a copy. By continuing to use the service you are agreeing to the Terms & Conditions and any updates made. Updates to these Terms & Conditions will be available upon request, or on demand via our website. Please ensure that you review the terms and conditions regularly as you will be deemed to have accepted any variation.

  1. Website Availability

2.1 Please note that our services are available only to legal entities, persons or individuals that can form legally binding contracts under English law.

2.2 The content contained in the Website may change from time to time without notice. You acknowledge and agree that BR&R makes no warranty that the Website will be defect and error free, timely, meet your requirements or will be uninterrupted. Further, we do not warrant that any servers or equipment will be free of viruses or bugs or other technical defects, or that any defect will be fixed promptly or at all.

2.3 At the discretion of BR&R, or where the need arises, we may suspend access to our Website or close it, or any part of it, indefinitely and without notice to you or any third party.

  1. Website Content

3.1 Unless explicitly specified otherwise, all content, images, video and any other materials published on the Website are presented solely for your private, personal and non-commercial use.

3.2 All such content on the Website is not intended to amount to advice on which reliance should be placed. BR&R therefore disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our Website, or by anyone who may be informed of any of its contents.

3.3 BR&R will take all reasonable care to ensure that the information provided is accurate at the time of being added to the Website. Whilst every effort is made to ensure that our Website is accurate and kept up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website.

3.4 BR&R shall be entitled to modify or withdraw its Website (including any applicable terms and conditions and the documents referred to in them) at any time without notice. We shall not be liable to you or any third party for any such change. By continuing to use our services following such change you shall be deemed to have accepted such change.

  1. Intellectual Property

4.1 BR&R is the proprietor of the biz-rescue.co.uk Website domain.

4.2 Unless expressly stated otherwise, copyright and any other rights contained in our Website, including but not limited to all branding, trademarks, selection, arrangement, product names, images, software, design, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, copyrighted designs or other brand features, copyright and all other intellectual property rights in all material or content supplied as part of our Website and the arrangement of such content on our Website (”Copyright Material”) and other content on our Website, is owned by BR&R or licensed by or to BR&R from third parties.

4.3 BR&R gives no permission in respect of the use of any Copyright Material and such use may constitute an infringement of the holder’s rights. By accessing our Website, you acknowledge and agree that all Copyright Material shall at all times remain the proprietary property of BR&R or our licensors.

4.4 Any unauthorised use of the Website is strictly prohibited and will constitute a breach of our intellectual property rights or those of our licensors.

4.5 You are permitted to access and use the Copyright Material on the Website for your own personal reference and non-commercial use and for the purposes of using our services. This does not allow you to: modify; copy; reproduce; republish; upload; post; transmit; or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to: text; graphics; video; messages; code and/or software without our prior written consent, except where expressly invited to do so.

4.6 If you are seeking permission to use any Copyright Material other than as expressly permitted by these terms and conditions, please contact us at our registered address and we will, at our discretion, consider the request. If your request is approved, that approval may be subject to terms set out in a licence which you may be required to execute. The authors of the Copyright Material must always be acknowledged.

  1. Privacy and Data Protection

5.1 We are committed to respecting your privacy and correctly managing any personally identifiable information you provide us with. We will do this in accordance with our Privacy and Security Policy.

5.2 By using the Website, you agree to the processing of information about you as detailed in the Privacy and Security Policy and warrant that all data you provide to us is accurate.

     6.Conditions of Supply

6.1 BR&R Will:

  • adhere, where applicable, to all rules, regulations & guidelines imposed by the relevant regulatory bodies, in the conduct of such activities on behalf of the client.
  • Conduct its dealings with all third parties in keeping with the client’s instructions and shall do nothing, as the client’s agent, to put at risk the client’s reputation.

6.2 By instructing us, you warrant that you are legally capable of entering into contracts and are at least 18 years old or an incorporated body.

6.3 If you instruct us, you will be subject to the policies and terms and conditions in force at the time that you instructed us, unless we notify you of any change to the terms and conditions. We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of being notified.

6.3.1 If you instruct us and should you require us to instruct our agents/partners on your behalf, you give us your explicit consent and authority to act on your behalf in relation to providing the services we have been instructed upon. You may revoke this authority at any time by giving us notice in writing.

6.4 Should you require us to instruct agents/partners to commence work on your behalf, then you shall be liable for all fees and costs as invoiced to you. BR&R may operate under a financial referral agreement with the chosen agent/partner, selected at your request.

6.5 We reserve the right to delay or not instruct our agent/partner during any stages within the process in the event that any invoice shall be overdue for payment.

6.6 We shall not be held liable for any claim and/or set off arising from an action, nor any costs incurred by you howsoever incurred and you shall irrevocably indemnify BR&R in the event of costs and/or damages and/or loss of earnings as a result of all the aforementioned howsoever incurred.

6.7 We may present you with various letters of authority, seeking your approval to instigate certain actions. By signing your authority, you hereby agree and accept that you have been fully informed and considered your options including any potential adverse outcomes and associated costs. Any fees quoted are not exhaustive. BR&R does not provide legal advice. BR&R Collections will offer the options available to you, depending on the circumstances. Any advice given by an agent/partner will be done so in accordance with their terms of business.

6.8 You shall immediately inform us of any information in respect of the services that you have not already informed us of and that BR&R cannot be held responsible for any information not supplied or incorrectly supplied.

6.9 You acknowledge that we shall not be liable for any loss (including consequential loss) or damages suffered by you as a result of any services provided.

6.10 We may sub-contract all or any part of the process as it is deemed necessary.

6.11 If we are instructed by an unincorporated body (e.g. a sole trader or partnership), we are required to verify the identity of the instructing party or parties in accordance with Anti Money Laundering regulations, prior to accepting your instructions.

6.12 Telephone calls may be recorded for training and quality purposes.

  1. Pricing

7.1 A fixed fee will be payable and/or a handling charge as shall be agreed between the parties, together with any additional disbursements and/or costs if applicable.

7.2 Clients’ will be liable to BR&R for these charges immediately following the receipt of the client’s instructions by any means of communication.

7.3 VAT will be payable at the prevailing rate.

7.4 In the event of the client revoking their instructions, we reserve the right to charge the client a ‘close out’ fee equal to the agreed commission rate as if the process had been completed. BR&R reserves its rights in using its discretion.

  1. Terms of Payment

 8.1 Invoices shall be payable within thirty days from the date of invoice.

8.2 We reserve the right to apply interest at 8% above the Bank of England base rate per annum, calculated on a daily basis on any ledger account or individual invoice unpaid after thirty days from the date of the invoice date. Alternatively, at our discretion we may decide to apply the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.

8.3 All outstanding invoices subject to clause 8.2 will be immediately due and payable, regardless of the due date of the invoice. In addition, you will be liable to pay us any costs arising in the pursuance of recovery of overdue invoices, howsoever incurred.

  1. Liability

9.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms of this disclaimer by you or any other liabilities arising out of your use of our Website.

9.2 If you follow a link to any other websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.

9.3 To the extent permitted by law, BR&R and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the services provided in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
  1. Jurisdiction

10.1 These terms and conditions and all associated terms in documents referred to by them are governed by English Law. Likewise, any Contract entered with Athena Collections through instructing us via the Website, by telephone or in writing whether it is by post or electronic communication will be governed by English Law.

10.2 Any dispute which cannot be resolved between us shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. Severability

11.1 If any of these terms and conditions or any provisions of a Contract concluded under these terms and conditions are determined by law to be unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. Communications

12.1 Notice will be deemed received and served immediately when posted on our website or communicated via telephone, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  1. Transfer of Rights and Obligations

13.1 Any Contract between you and BR&R concluded under the terms of these terms and conditions, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract, or any of your rights or obligations arising under it, without our prior written consent. BR&R may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.


  1. Force Majeure

14.1 You agree that BR&R will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions, including any Contract between you and us concluded under the terms of these terms and conditions, which is caused by events outside of our reasonable control.

14.2 Such events include, but are not limited to the following acts, event, non-happening, omission or accident beyond our reasonable control:

Strikes Explosion
Lock-outs or other industrial action Storm, flood or other extreme weather
Civil commotion Earthquake
Riot Subsidence
Invasion Epidemic or other natural disaster
The acts, decrees, legislation, regulations or restrictions of any government Impossibility of the use of public or private telecommunications networks
War (whether declared or not) or threat or preparation for war Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
Fire Terrorist attack or threat of terrorist attack

14.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and you agree to allow us an extension of time for performance for the duration of that period.

  1. Waiver

15.1 The failure of BR&R to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. BR&R reserves its rights in respect of these terms and conditions at all times.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 Any waiver by us of any of these terms and conditions shall be effective when expressly communicated to you as described in Communications above.