01616090630

as both you and i and the whole industry know the answer to these questions is yes, yes and yes.
So one must ask why do you have such a hatred of CVS ?
Maybe it's because you are scared of the market share they have taken and so employ dimwits like the SS twins to try and discredit them through sites like this.
And yes, Jerry, we all know a director went to prison 15 years ago but i hear he has moved on since then so why don't you and you merry band of disrupters give it a rest and try and do something more constructive and / or creative with your dreary lives

as both you and i and the whole industry know the answer to these questions is yes, yes and yes.
So one must ask why do you have such a hatred of CVS ?
Maybe it's because you are scared of the market share they have taken and so employ dimwits like the SS twins to try and discredit them through sites like this.
And yes, Jerry, we all know a director went to prison 15 years ago but i hear he has moved on since then so why don't you and you merry band of disrupters give it a rest and try and do something more constructive and / or creative with your dreary lives

The Director who went to jail 15 years ago was Jason Peter Clarke but he is still the de facto Chairman.
https://companycheck.co.uk/company/03729338/C ... group-structure
If you look at the current Shareholders of CVS, the major shareholder is Jason Peter Clarke who holds 75% of the shares. Is this a different Jason Peter Clarke who happens to live at the same address as the original Jason Peter Clarke? The other Shareholders are Mark Rigby, who took over as Director and Peter Chappelow.
According to company records the same Jason Peter Clarke who was a Director of Strattons/Oldfield (now known as CVS) was Director of Club Riviera Timeshare Ltd that was the subject of Government motion of censure no less http://www.parliament.uk/edm/1992-93/1776 for Timeshare Fraud.  Pretty grim reading.
All of this is just facts, just as the post by someone, presumably, from Gerald Eve is stating facts.
Facts are facts and once the facts are out in the open it is for everyone to make up their own minds.
One can see why CVS wouldn't want the facts about its past or activities made public.

blimey, you should be a journalist, this is brilliant , how on earth did you find these things out, you are one clever motherfka
Do you really think this is the same person - genius

Steven, Sandra or Jerry, whichever of the 3 of you continue to post on this site, please could you now stop before this gets out of hand.
What started as a bit of banter has now turned very personal and unfortunately that's not acceptable so would you kindly desist
Thank you

Is this the same guy as below

Steven Simon Property Consultants Limited
DISSOLVED 5-7 New York Road, Leeds, LS2 7PJ

I have looked and looked at the t and cs below and can't find the 7 year rebate clause ?

This Membership Agreement (“Agreement”) is entered into by and between Alliance HealthCard of Florida, Inc. (“Alliance”) and members (“Members”) of CVS iSave (CVS) discount medical program. All Members subscribing to the discount medical program (“Program”) should read the terms of this Agreement carefully and communicate any questions that arise to a Alliance Member Services Representative available by telephone Monday – Friday, 8 a.m. to 8 p.m. Eastern Time toll-free at 1-866-232-6033.

The discount medical program is NOT health insurance or a health insurance policy. It is a discount medical plan. The Program provides discounts only at certain health care providers for health care services. Member is obligated to pay for all health care services but will receive a discount from those health care providers who have contracted with Alliance. Alliance does not make payments to providers for medical services. Equal or lower prices may be available through individual negotiations.

1. Description of Program’s Features. Each Member is entitled to receive discounts on specified services and receive other services (collectively, “Services”) when using a participating provider (“Provider”) as set forth in the Membership Guide, which is incorporated into this Agreement by reference. Members are entitled to receive certain Services from Providers at predetermined amounts and certain other Services for a percentage discount off the Provider’s normal retail prices for such Services. Other terms and conditions regarding Services, the Services eligible for discounts, and the discounted fees for the Services included are listed in the Membership Guide and are subject to change, modification, or substitution by Alliance at any time without notice to the Member. Fees for Services vary by region. In order to receive Services at the discounted rate, a Member must present his/her Membership ID Card to the Provider before Services are rendered. Members must pay the Provider directly at the time of Service unless otherwise agreed upon between Provider and Member. If prompt payment to the Provider is not made and arrangements for payment are not made, the Provider may rescind the discount. The discount features of the Program may not be available for cosmetic procedures.

2. Cancellation and Refund Option. If a Member is not satisfied with the Program and wishes to terminate his/her membership, the Member may cancel the membership for any reason and at any time during the membership period by notifying Alliance verbally or in writing. Membership in the Program will terminate at the end of the Membership Term following the date on which Alliance receives the notice of cancellation. Alliance will cease collecting membership fees no later than 30 days after receiving a valid cancellation notice. Notice of cancellation must be received by Alliance before the next billing cycle, but Alliance will cease collecting membership fees no later than thirty (30) days after receiving the cancellation notice. If the Member cancels his/her membership within the first thirty (30) days after effective date, the Member will be reimbursed for all periodic charges paid. The return of all such periodic charges will be made within thirty (30) days of the cancellation date, and if all such periodic charges have not been reimbursed within thirty (30) days of the cancellation date, interest will be assessed against Alliance as required by applicable law. If the billing frequency is less than monthly (e.g., annually or semi-annually), the Member will be provided a prorated refund of the Membership Fee paid for any unused portion of the Membership Term remaining after the next monthly anniversary of the Member’s activation. Any cancellation of membership in the Program will not affect any Services or discounts received by a canceling Member before the effective date of the cancellation. IF A MEMBER CANCELS WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE, ALLIANCE WILL REFUND THE INITIAL MEMBERSHIP FEE. THE ENROLLMENT OR APPLICATION FEE IS NON-REFUNDABLE (EXCEPT WHERE PROHIBITED BY LAW).

Alliance may cancel or not renew this Program for any reason and at any time. If Alliance cancels this Program, it shall provide reasonable notification to Member and process any applicable refunds in accordance with this Paragraph, except if a Member is terminated for non-payment.

3. Membership Term. Once the initial fee for membership in the Program (“Membership Fee”) and any enrollment, processing or other fee is paid, a Member will be entitled to all Services for the term (“Membership Term”) the Member selects at the time of activation commencing on the date of Alliance’s receipt of the activation, so long as Member continues to pay required Membership Fees and otherwise complies with the terms of this Agreement subject to cancellation or non-renewal by Alliance of the Program as described in Paragraph 2. Members may select from membership Terms offered at the time of activation which may include monthly or annual options.

4. Automatic Renewal of Membership Term. At the conclusion of the Membership Term, membership in the Program will be renewed automatically unless Alliance cancels or non-renews or the Member notifies Alliance before the new Membership Term, that he/she wishes to cancel his/her membership in the Program. If the Member either fails to notify Alliance of his/her election not to continue the Membership and/or fails to return the Membership ID Card(s) as required herein, membership in the Program will be renewed automatically and the Membership Fee for an additional term will be charged against the Member’s credit card or by debit to the Member’s checking account, as applicable. Should a Member have any questions concerning the Program, or the continuation or cancellation of membership, he/she should call a Member Services Representative at the number on his/her Membership ID Card.

5. Complaint Procedure. Any complaint regarding Program membership should be directed to Member Services at the toll-free number on the Membership ID Card or in writing to the address shown in Paragraph 9 herein. Each complaint will be acknowledged in writing within 5 business days of its receipt. After Alliance has investigated the complaint, the Member will receive a letter disclosing the results of that investigation no later than 30 calendar days after Alliance’s receipt of the complaint. If the Member remains unsatisfied, the Member may contact his/her state’s department of insurance. Note to IL and RI Consumers: Alliance shall provide contact information for the State Department of Insurance upon request.

6. Membership Payment/Billing. Payment of the initial Membership Fee and any renewal Membership Fee will be made automatically by a charge against the Member’s credit card or by a debit to the Member’s checking account (depending on the payment option authorized by the Member) for the full amount of the Membership Fee for the Membership Term. Members who chose to pay Membership Fees by a direct charge against the Member’s credit card or by a direct debit to the Member’s checking account statement may not receive notice from Alliance of a subscription payment due; rather, the Member will be notified of the billing in his/her credit card or checking account statement. Each Member hereby authorizes Alliance to bill and receive payment for the Membership Fee as set forth in this Agreement. Alliance reserves the right to increase the Membership Fee for a future Membership Term, in which case the Member will be notified and the increased Membership Fee will be effective upon renewal of the Program membership. If a Member wishes to confirm whether a Program discount is available for a particular Service, or wishes to confirm the current fee for a particular Service, he/she should call a Member Services Representative at the toll-free number located on the Membership ID Card.

7. Membership Representations and Acknowledgments. In return for the discounts and Services available under the Program, the Member makes the following representations and acknowledgments:

(a) Member has read this Agreement carefully, including the Program benefit descriptions, and is aware and acknowledges that the Program is NOT insurance.

(b) Member may cancel his/her Program membership at any time before the conclusion of the Membership Term and will be entitled to a refund as set forth in and subject to Paragraph 2 of this Agreement.

(c) Unless the Member or Alliance cancels the membership in accordance with Paragraph 2 of this Agreement, the Program membership will be automatically renewed on the first day following the conclusion of a Membership Term, and payment of the Membership Fee for the new Membership Term will be made by a direct charge against the Member’s credit card or by a debit to his/her checking account.

(d) Membership in the Program and or Member’s rights or duties under this Agreement may not be assigned or delegated without the prior express written consent of Alliance. Member acknowledges that the Discount Program membership is only for his/her personal benefit or the benefit of his/her immediate family members. ‘’Immediate family members’’ are a spouse or registered domestic partner, children up to the age of 26, parents in the household over age 60 and any other IRS Dependents. A Member’s violation of the Paragraph 7(d) may, at the discretion of Alliance, result in immediate termination of the Program membership. Immediate family members must be registered with Alliance. Member may register immediate family members by calling Member Services.

(e) Member is responsible for paying Providers and/or vendors for Services rendered at time of Service unless otherwise agreed upon by Member and Provider or vendor.

(f) This Program is a discount health care program and does not guarantee the quality of the services or products offered by individual providers. Alliance does not recommend or endorse any particular provider listed in the network. The listed providers participate in the discount medical program but are independent of the discount medical plan organization.

(g) Alliance does not warrant, represent or guarantee that there is or will be a Provider in his/her area available or willing to provide any of the Services to Member. Neither this Program, Alliance, their affiliates, nor any network accessed shall be liable for any payment to a Provider accessed under the Program. Neither this Program, Alliance, their affiliates nor any network accessed is an insurer, guarantor or underwriter of the responsibility or liability of the Member for Member’s or Member’s dependents’ medical care or any other goods or services provided to Member or Member’s dependents.

(h) Member is solely responsible for selecting any provider and in the event the Member is dissatisfied with any product or service, the Member will look solely to the Provider, seller, merchant, vendor or manufacturer for any satisfaction of claim. Member is advised that any Service included in the Program is subject to availability and may be changed or discontinued from the Program at any time without notice to the Member.

(i) The Program is not insurance and it may not reduce deductibles, copayments or other out-of-pocket expenses for Services that are covered by insurance. Additionally, the Program may not be used to coordinate coverage with Medicare or other government assistance programs.

8. General Release. Each Member, for himself/ herself, and on behalf of any Dependent who uses the Services under the Program membership (‘’Membership Participant’’), hereby forever releases, acquits and discharges each of CVS, Alliance and their employees, officers, directors, agents and affiliates from any and all liabilities, claims, demands, actions, and causes of action that such Member, Membership Participant or Member’s legal representative(s) may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any Service. The sole recourse available to a Member, Membership Participant or Member’s legal representative(s) against CVS or Alliance will be cancellation of the Program membership as provided in Paragraph 4.

9. Notices. Any notice, consent, approval, complaint, request or other written communication given or required under this Agreement must be sent by first class mail, postage prepaid, or by an overnight delivery service and, if from Alliance, addressed to the Member, at the address shown in Alliance’s records, or, if from the Member, to Alliance at:

Alliance HealthCard of Florida, Inc.
PO Box 630858,
Irving, TX 75063

10. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties with regard to Member’s membership in the Program and constitutes a final complete and exclusive statement of the terms of the agreement between the parties with respect to Member’s membership in the Program. Any other representation, inducement, promise or agreement shall be of no force or effect.

11. Validity; Binding Effect. The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability of any other term of this Agreement. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Note to Florida Consumers: 11. Validity; Applicability. The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability of any other term of this Agreement. The terms of this Agreement will apply to the parties and their respective successors and permitted assigns.

12. Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Texas, except as required otherwise by applicable law. Any controversy or claim arising out of or relating to this Membership agreement shall be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Note to Oklahoma Consumers: This Agreement will be governed and construed in accordance with the laws of the State of Oklahoma, and venue for any proceedings shall be in the district court of Oklahoma County. Any controversy or claim arising out of or relating to this Membership agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Note to Florida Consumers: This Agreement will be governed and construed in accordance with the laws of the State of Florida, and venue for any proceedings shall be the State of Florida court closest to the member’s residence, except as required otherwise by applicable law. Any controversy or claim arising out of or relating to this Membership agreement may be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Note to Utah Consumers: This Agreement will be governed and construed in accordance with the laws of the State of Utah, and venue for any proceedings shall be the State of Utah court closest to the member’s residence, except as required otherwise by applicable law. Any controversy or claim arising out of or relating to this Membership agreement may be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13. Waiver of Breach. A waiver by Alliance of a breach of any provision of this Agreement will not be deemed a waiver by Alliance of any other breach of the same or different provision.

Vision Discount

(from page 5 of the Member Guide)
Disclosures: LASIK and PRK correction procedures are provided by the U.S. Laser Network, owned by LCA-Vision. Members must first call toll-free 1-877-5LASER6 for the nearest facility and to receive authorization for the discount. Since LASIK or PRK vision correction is an elective procedure, performed by specially trained providers, this discount may not always be available from a provider in your immediate location. For a location near you and discount authorization, please call toll-free 1-877-5LASER6. Member will receive a 20% discount on those items purchased at participating providers that are not specifically covered by this Discount design. The 20% discount may not be combined with any other discounts or promotional offers, and the discount does not apply to EyeMed Provider’s professional services, or contact lenses. Retail prices may vary by location.

Limitations/ Exclusions: Orthoptic or vision training, subnormal vision aids and any associated supplemental testing; medical and/or surgical treatment of the eye, eyes or supporting structures; corrective eyewear required by an employer as a condition of employment; safety eyewear unless specifically covered under plan; and services provided as a result of any Worker’s Compensation law. Discount is not available on those frames where the manufacturer prohibits a discount. - See more at: https://www.cvsisave.com/TermsConditions.aspx#sthash.ylVBincN.dpuf

no, they are not CVS t & C's you dimwit, they are CVS the pharmacy company

how stupid can you be ?

these are their T & Cs

CVS (COMMERCIAL VALUERS & SURVEYORS) LIMITED - TERMS AND CONDITIONS
Scope of Services and Agreement
1. (a) CVS shall provide the Client with the following services namely (1) as the Client’s
sole agent, instructed to act exclusively to prepare and submit a proposal to alter the
Rating List, to be responsible for the proposal, to consider whether at any stage the merits
of the proposal are such that there is no reasonable prospect of success proportionate to
the expenditure involved and if so considered to withdraw the proposal, but otherwise
to pursue the said proposal by way of appeal to the Valuation Tribunal at CVS’s sole
discretion or settle and report upon the outcome: and/or (2) perform any associated
services (including taking action in relation to previous or subsequent Rating Periods)
that the parties agree should be provided (‘the Services”); and/or (3) if appropriate,
to identify savings in rates payable by evaluating the rates liabilities through an audit
process or otherwise.
(b) For the purposes of these terms and conditions, the “Agreement’ means the
agreement constituted by this Document (both sides) and the accompanying Fee
Structure Agreement (plus Additional Sites Schedule if applicable). These documents
constitute the entire agreement between the parties in respect of the subject matter
thereof and supersede all proposals oral or written and any other communications
between them relating thereto. In the event of conflict between these terms and the Fee
Structure Agreement the terms of this document shall prevail.
(c) For the purposes of this Agreement the Client’s instruction to CVS is to act exclusively
on behalf of the Client in respect of the initial proposal to alter the Rating List or Lists
identified up to and including appeal to the Valuation Tribunal from any refusal by the
Valuation Officer to alter the Rating List. Where CVS receive instructions to or deem it
appropriate to submit any further proposals to alter the said Rating List or Lists arising
during the currency of the said Rating List including, without limitation, change of use
or material change of circumstances or consequent upon acquisition of new premises
to merge with existing premises, those instructions shall incorporate the terms of this
Agreement.
(d) CVS will remain instructed to act exclusively, as sole agent for the Client, until either
the proposal(s) are determined or agreed or withdrawn by CVS or terminated under
Clause 25 hereof. The Client agrees that whilst this Agreement is in force, it shall not
appoint any third party to perform the Service (or services similar to the Services) in
relation to any properties which are subject to this Agreement.
(e) Payment of CVS’s fee set out overleaf is due in all cases, without prior demand, upon
the occurrence of a saving in rates payable at the date at which they are due for payment
whether due to the proposal put forward by CVS or otherwise (including without
limitation consequent upon any Valuation Officer’s Notice issued in respect of the
Property during the period of the instruction) hereinafter referred to as ‘the contingency”.
(f) If CVS procures for the Client a reduction in the Rateable Value of the Property on a list
proposed under the Local Government and Finance Act 1988 section 41 (5) inclusive of
the Draft Rating List (or any statutory successor thereto) the fee payable will be calculated
by reference to rates saved based upon the reduction obtained in Rateable Value from
that set out in the said proposed list.
Client’s Obligation of Continuing Disclosure to CVS
2. The Client will, during the currency of this Agreement, keep CVS updated, in writing,
about any changes or alterations relating to the Property or the immediate area or
change in circumstances which may be relevant to the rating assessment (such notice to
be given as soon as reasonably practicable and in any event within 28 days of becoming
aware of such change). Further, without limiting the forgoing in any way, the Client
agrees to forward to CVS within 7 days of receipt all and any communications received
from the Valuation Office Agency during the currency of the Agreement and any other
documents which may be relevant to the issue of Rateable Value.
Discretion
3. Any inspections, surveys or evaluations of the Property have been or will be carried
out in such manner and/or on such occasion as CVS, within their absolute discretion
considers reasonable, and are for the specific purposes of the instructions set out overleaf
only. CVS alone will determine the necessity for and nature of any inspection or survey
in any given case.
Definitions
4. In this Agreement:
“Client” means the person detailed as such overleaf;
“Property” means the Property listed overleaf (or in any Additional Site Schedule) in
respect of which the Services will be provided;
“Rates Payable” means the amount of business rates payable in relation to the Property
(inclusive of any local surcharges or similar fees, levies or other charges) as calculated
from the Rateable Value;
“Rating List” means the rating list maintained by the Valuation Office Agency which is
used to calculate business rates payable;
“Rating Period” is the period from one revaluation of Rateable Value to another, running
from 1st April 2010 or 1st April 2017 to 31st March 2017 or 31st March 2022 as applicable
(or where such Rating Periods are amended by HM Government or the Valuation Office
Agency, such replacement periods relating to valuation of Rateable Values); and
“Rateable Value” means an amount equal to the rent at which it is estimated the Property
might reasonably be expected to let on 1st April 2008 and/or 1st April 2015 (or such
other dates as HM Government or the Valuation Office Agency may specify for the
relevant Rating Period) as applicable from year to year and where the tenant undertook
to pay all usual tenants rates and taxes and to bear the cost of the repairs and insurance
and other expenses (if any) necessary to maintain the Property in a state to command
that rent.
References to a specific Rating Period, Rating List or Rateable Value are those as
anticipated as at the date of this Agreement, if such dates are varied by HM Government
or the Valuation Office Agency, such references shall be deemed amended accordingly.
Reliance on Information
5. The Client agrees to provide CVS with the information listed overleaf as soon as
reasonably practicable and in any event within 28 days of the date of the Agreement.
CVS shall, unless otherwise expressly agreed, rely upon information provided by the
Client or the Client’s legal or other professional advisers relating to tenure, tenancies and
other relevant matters. It is agreed that CVS may assume, unless advised in writing to
the contrary by the Client, that the Client has provided it with a copy of every notice or
notification it receives from the rating authority in respect of the Property in question
and has advised it of every fact or matter which is within its knowledge or power and/
or comes within its knowledge or power following the making of the Agreement which
would affect the assessment of Rateable Value of the Property including any other
activity to the knowledge of the Client being performed by any other agent in respect
of the rates assessment. For the avoidance of doubt, any requests by CVS for information
shall be fulfilled by the Client as soon as reasonably practicable but in any event within
28 days of the client coming into possession of the additional information or CVS’
request (whichever is sooner). Failure to provide any information will be considered as a
substantial breach of the Agreement.
Limits to the Survey
6. CVS will not carry out any structural survey or test any services or inspect roof voids,
woodwork or any part of the structure which is covered, unexposed or inaccessible and
therefore, such parts will be assumed to be in good repair and condition and the services
will be assumed to be in full working order. Any obvious defects or items of disrepair will
be taken into account, but CVS will not be able to give any assurance that the Property
is free from defect. Plant and machinery will not be included in the valuation unless
forming part of the structure and normally valued with the building. CVS will not have
any duty to carry out or arrange for testing of electrical, heating or other services and
again these will be assumed to be in good working order.
7. CVS will not carry out or commission a site investigation or geographical or geophysical
survey and, therefore, CVS will not be able to give any opinion or assurance or guarantee
that the ground has sufficient load bearing strength to support any of the existing
structures or any other structures that may be erected in the future. CVS shall not
undertake any environmental or contamination surveys as part of the Services.
Assumptions
8. The following assumptions will be made, which CVS shall be under no duty to verify: -
(a) That all the information provided by the Client and its agents and advisors or any other
named party upon which the value will rely is complete and correct. Without prejudice
to the generality of the forgoing, this will include details of ownership and occupation.
(b) That all information relevant to the instruction, in the possession of the Client, or
which reasonably ought to be in the possession of the Client, has been disclosed to CVS.
(c) That the Property has been constructed and is occupied in accordance with valid town
planning consents and building regulations approvals, and complies with any other
relevant statutory and bylaw requirements and that there are no outstanding statutory
or other notices in connection with the Property or its current use.
Additional Matters Appertaining to Valuation Reports
9. Unless specified otherwise the valuation will be in accordance with the RICS Appraisal
and Valuation Manual (April 2010) and in particular the definitions of the various valuation
bases set out therein. Unless otherwise stated, CVS in its capacity as independent (or
external) valuer, conforms to the requirement of the manual referred to above. All
measurements will be carried out in accordance with the Code of Measuring Practice
issued by the Royal Institution of Chartered Surveyors (6th edition, September 2007).
Where deemed necessary, enquiries of relevant local planning and rating authorities
will be made and CVS will take into account the information received in preparation of
its valuation. No searches will be carried out and therefore unless CVS are specifically
advised to the contrary, CVS will assume that the Property and its value are unaffected by
any matters which could be revealed by a full local search.
Reliance on Surveys
10. (i) CVS accept responsibility to the Client alone and the report will be prepared with
the skill, care and diligence which can reasonably be expected of a competent surveyor
and/or valuer but accept no responsibility whatsoever to any other person who relies on
the report. Neither the whole nor any part of the valuation report may be included in
any published document, circular or statement nor published in any way without CVS’s
written approval of the form and context in which it may appear.
(ii) As a separate and severable term CVS exclude any liability or duty towards a
subsequent occupier of the Property with whom CVS have not contracted, as their use
and circumstances may be completely different from that of the Client.
Payment of Fees
11. The Client will pay CVS the fees as calculated overleaf, and in addition pay the
amount of VAT (at the then current rate) on such fees. Fees payable are based on the
annual rates payable saving calculated following a reduction in Rateable Value, or
reduction in Rates Payable following an audit of liability, as confirmed by CVS, and not
including any arrears due. Fees are payable upon the reaching of agreement with the
Valuation Officer as to alteration of the List, or if the matter has gone to a Valuation
Tribunal upon the determination of the appeal, or upon confirming a reduction in
rates payable by evaluating the rates liability through the audit process with the Billing
Authority, based on the annual saving to date, per annum and the savings at the start
of each subsequent rate liability year. Where Transitional Certificates are requested or
Notices of Alteration within the current, preceding or succeeding Rating List, that CVS
request, or are generated as a direct result of CVS action, then the fees payable based on
additional savings are billable at the same rate. All fees payable include any interest on
overpayments made issued by the Billing Authority. In all cases CVS will continue to assist
the Client in its dealings with the Valuation Office, the Valuation Tribunal or the Billing
Authority, as the case may be, until such time as settlement for the agreed reduction in
Rateable Value is received by the Client.
Entire Terms
12. The terms and conditions set out herein and in the Fee Structure Agreement are the
entire terms and conditions of the Agreement relating to the services provided by CVS,
unless otherwise specified overleaf. The terms and conditions of this Agreement shall
not include any terms and conditions proposed by the client, which are either wholly or
partly inconsistent with or additional to the terms and conditions set out herein.
Representations
13. No employee of CVS other than a director has authority to vary the terms herein
printed. If a variation to these terms is requested by a Client, such a request should be
addressed in writing to a director of CVS and the request will be given due consideration
but will only be valid if and when confirmed in writing by a director of CVS. Unless
details of the same are set out overleaf, the Client confirms that it has not entered into
this Agreement or been induced to do so on the basis of any representation whatsoever,
whether express or implied, negligent or innocent concerning the Services provided by
CVS, the terms of this Agreement, its execution or any other matter whatsoever and the
Client shall have no remedy in relation to any such representations.
Access
14. If CVS need to inspect or re-inspect the Property, it is agreed that access will be given,
if CVS gives reasonable notice. Unless instructed in writing to the contrary the Client
grants the CVS surveyor a licence to enter its premises for the purposes of carrying out
any inspection or survey at any reasonable time on 24 hours notice.
No Outcome Guarantee
15. No guarantee can be given by CVS as to the outcome of any proposal to alter the
Rateable Value. Without prejudice to the generality of the forgoing and by way of
example only, if there are circumstances where a pre-existing error or under-assessment
of the Property in the Valuation List which only becomes apparent as a result of a
proposal, CVS will not be responsible for any amendment to the List which might result
in an increase in the liability of the Client.
Authorisation
16. The Client hereby authorises CVS to agree terms of settlement with the Valuation
Officer or any Billing Authority, subject to CVS being reasonably satisfied as to the terms
being the best reasonably negotiable in the circumstances. The Client also authorises
CVS to take any action deemed necessary by CVS relating to any Valuation Officer or
any Billing Authority and to receive relevant information from any Valuation Office or
Billing Authority in order to validate or administer the payment of any rebate due to
the Client (including receiving payment of any rebate). If CVS receives payment of the
rebate, the Client agrees that CVS shall be entitled to set off and/or deduct any fee due to
CVS pursuant to this agreement (or any other agreement between the parties) from the
rebate payable to the Client.
Fees
17. The fees quoted overleaf for making of the proposals, negotiations and rating appeals
do not include the cost of any subsequent appeal(s) to the Land Tribunal and CVS shall
not be required to make any such appeal.
No Warranty and Limitation of Liability
18. Unless set out herein no express warranty concerning the provision of Services is or
has been given by or on behalf of CVS. In any event, CVS’s entire liability to the Client
arising out of or in connection with this Agreement (whether arising in contract, tort
(including negligence) or otherwise) shall be limited to 5% of the Rateable Value for the
relevant Rating List. For the avoidance of doubt, nothing in this Agreement shall limit CVS’
liability to the Client for death or personal injury caused by its negligence, any liability for
fraud or for any liability for which it is not permitted by law to exclude or limit.
Payment
19. CVS shall be entitled to issue a provisional invoice, upon the occurrence of the
circumstances outlined overleaf, or in the event of cancellation, breach or termination of
this Agreement pursuant to the terms of this Agreement.
20. All fees shall be due and payable within 28 days of the provisional invoice date
whether delivered or not. Time of payment of fees shall be of the essence of this
Agreement. Payment means delivering payment by post or otherwise to CVS’s head
office the address of such is contained in Clause 36 below. Payment is not made until it
reaches CVS’s address and if made by cheque until it clears CVS’s account.
21. The Client shall if requested to do so by CVS provide a direct debit mandate in respect
of CVS’s current and future fees.
22. Without prejudice to any other remedies for late payment and irrespective of whether
payment has been formally demanded the Client shall be liable to pay to CVS interest on
sums not paid by due date at the rate of 2% per month or part thereof, together with any
costs of recovery incurred by CVS.
23. Any payments made by the Client to CVS hereunder may be applied by CVS as it
deems fit and in particular, but without prejudice to the generality of the forgoing,
towards payment of interest and other charges payable hereunder and then towards
payment of the principal debt.
24. The Client shall not be entitled to delay or withhold payment or claim any set off
against any payment due under this or any other Agreement either in respect of any
claim or complaint in respect of the services provided, or for any other reason whatsoever
unless such delay, withholding, or set off is agreed in writing by a director of CVS.
Termination
25. Either party may terminate the Agreement in respect of one or both Rating Lists
forthwith by written notice to the other party if:
(a) the other party shall commit a substantial breach of any of its obligations hereunder
(and where the breach is capable of remedy shall not remedy this breach within 14 days
of receipt of a notice specifying the breach and requiring its remedy); or
(b) the other party (including in the case of a partnership any partner) shall become
bankrupt or enter into liquidation or be made the subject of an administration order or
have a receiver appointed over its assets or any part thereof, or cease or threaten to cease
to carry on business or make any informal arrangement with its creditors or enter into a
voluntary arrangement with them, or permit distress or execution to be levied against
any of its assets or issue a cheque which it permits to be returned unpaid by the bank or
person upon whom it was drawn or if CVS has good reason to believe that the client is or
has or is likely to become unable to pay its debts as they fall due, or discovers that it has
been induced to enter into the said Agreement by a material misrepresentation or non
disclosure of any material fact to it by the Client.
Provided always that such termination shall not prejudice any right of action or remedy
which shall have accrued or shall thereafter accrue to either party.
Fees on Cancellation or Breach of this Agreement by the Client
26. (a) For the avoidance of doubt, CVS’s entitlement to charge fees under the Agreement
shall not be affected or diminished in the event of the Client preventing CVS from
performing the Services.
(b) The Client shall not be entitled to terminate the Agreement, including, without
limitation, CVS’s right to act on an exclusive basis, as sole agent, and to receive fees
dependent upon a contingency, other than in accordance with the terms in Clause 25.
If:
i) the Client elects not to proceed with any proposal which is the subject of the Agreement
or other matter the pursuit of which is necessary to satisfy the contingency; or
ii) the Client elects to proceed with the proposal or any other such matter referred to
in Clause 1(a) above, on terms materially different to those set out in the Agreement or
existing at the date of the Agreement; or
iii) CVS discover at any time after the making of this Agreement that the Client has made a
material false declaration. A declaration shall be considered material if it would have any
effect on CVS’s assessment of the risk it incurs under the Agreement; or
iv) the Client takes any other action, or omits to take any action, or makes any statement,
which renders the satisfaction of the contingency impossible or causes the contingency
to be not satisfied (including without limitation the appointment of another agent or
agents, the assumption of or interference in the conduct of the proposal by the Client
direct, or any act or omission of the Client which, after the date of the Agreement, causes
the contingency not to be satisfied); or
v) any circumstances of Force Majeure arise, being a circumstance outside the reasonable
control of either CVS or the Client which renders the satisfaction of the contingency
impossible or causes the contingency to be not satisfied (including, without limitation,
the death of the Client, the compulsory acquisition of the Client’s Property or its
destruction); or
vi) after the date of this Agreement, the Valuation Officer issues a Notice to reduce the
Rateable Value without discussion with CVS (each of the events listed in (i) to (vi) being
considered an “Interrupting Event”).
If an Interrupting Event occurs CVS shall be entitled to charge the Client a liquidated
sum (representing a genuine pre-estimate of the fee that CVS would have earned for
its Services) calculated using the formula 5% of Rateable Value for the relevant Rating
List multiplied by F / 50 (where F is the percentage of savings in rates payable that CVS
is entitled to as detailed in the Agreement) (the “Liquidated Sum”). Notwithstanding
this, the parties agree that if a reduction in Rateable Value is notified prior to or following
the Interrupting Event, the Liquidated Sum shall be substituted by the fee that would
have been payable to CVS for achieving such reduction in Rateable Value pursuant to
this Agreement.
The terms of Clauses 19 and 20 will apply to such payment and the issue of a provisional
invoice pursuant to Clause 26 shall not be taken to prejudice the continued provision of
the Services by CVS should the client so request.
Rights Additional
27. For the avoidance of doubt, it is hereby declared that the rights of CVS set out herein
are additional to its general rights and remedies.
No Waiver
28. Failure by CVS to insist upon its full rights as set out under this Agreement shall not be
deemed or construed as a variation or waiver by CVS of its standard conditions of trading
under this or any other Agreement between CVS and the Client but these conditions shall
remain fully operative as the only basis on which CVS trades and CVS shall be entitled to
assume that any future rating (or valuation) Agreements entered into by the client after
the date hereof, whether or not similar to the Agreement referred to overleaf are made
upon these standard conditions of trading.
Force Majeure
29. CVS shall not be liable for any failure to fulfil in whole or in part any of its obligations
hereunder, where such failure is caused or precipitated by Governmental direction,
embargo or order, armed conflict, short time, breakdowns, strike, lock outs, delays by
sub-contractors, commotion or civil disturbance, acts of God, riots, flood, fire, shortage
of labour, or other circumstances beyond the reasonable control of CVS and in any such
event CVS shall be entitled to suspend its performance of its obligations under this
Agreement until any such event has passed or withdraw from this Agreement by giving
reasonable notice to the Client. If CVS chooses to withdraw from the Agreement no fee
shall be payable by the Client.
Enforcement
30. Without prejudice to the generality of Clause 28 above any concession, latitude,
waiver or allowance of time expressly or impliedly granted by CVS to the Client in relation
to this Agreement shall not prejudice CVS with regard to its subsequent enforcement of
the terms of this Agreement as originally drawn.
No Assignment
31. This Agreement shall not be assigned by the Client without the prior written consent
of CVS.
Fees Payable in the Event of Cessation of Rates Liability of the Premises
32. If, during the currency of this Agreement for any reason the Client ceases to be the
ratepayer of the Property (for example, without limitation, by sale, lease assignment,
repossession, merger), or by any other event which results in the Client ceasing to have
legal liability to pay the rates on the Property it is agreed that;
(a) if (i) the immediately succeeding ratepayer agrees to instruct CVS to continue with
the proposal to alter the Rating List and to instruct CVS to act exclusively in respect
of the proposal and (ii) CVS agrees to act exclusively and consents in writing to the
assignment of the Agreement and (iii) the incoming ratepayer signs an Agreement with
CVS accepting liability as new client under the terms of this Agreement; or
(b) if the Client instructs CVS to act exclusively on his behalf in respect of a proposal to
alter the Rating Lists mentioned overleaf in respect of his next Property on the terms
herein; or
(c) if the Client procures for CVS to take over as sole agent any existing proposal or appeal
in respect of its new premises;
then there will be no fee payable by the Client to CVS on the Client ceasing to be the
ratepayer for the Property.
However, if no assignment of the Agreement as set out in (a) or (c) above or new
Agreement as set out in (b) above is executed prior to the Client ceasing to be the
ratepayer for the Property then immediately on the Client ceasing to be the ratepayer
a fee will be payable to CVS by the Client as provided in Clause 26 as though the Client
ceasing to be the ratepayer was an Interrupting Event.
Severance
33. In the event that any provision of this Agreement is declared by any judicial or
other competent authority to be void, voidable, illegal or otherwise unenforceable or
indications of the same are received by either of the parties from any relevant competent
authority, the parties shall amend that provision in such reasonable manner as achieves
the intention of the parties without illegality or at the discretion of CVS, it may be severed
from this Agreement, or the remaining provisions of this Agreement shall remain In full
force and effect, unless CVS in its discretion decides that the effect of such declaration
is to defeat the original intention of the parties, in which event CVS shall be entitled to
terminate this Agreement by 7 days notice to the Client.
Headings
34. The headings herein do not form part of the terms, and are for guidance only.
Law, Jurisdiction and Notices
35. The construction validity and performance hereof shall be governed by the Laws of
England and Wales and any disputes which may arise under, out of, or in connection, or
in relation to this Agreement shall be subject to the jurisdiction of the English Courts.
Notices
36. Service of any notice connected with this Agreement in the course of the
performance of this Agreement or thereafter, at the addresses given overleaf shall be
valid and sufficient. However, any notice required to be given by the Client to CVS under
this Agreement or any information required to be sent by the Client to CVS under this
Agreement must be in writing and delivered personally or sent by registered post to CVS
at Oakland House, Talbot Road, Old Trafford, Manchester MI6 0PQ. A written receipt will
be given for personal deliveries. The risk that a posted letter may not be delivered rests
with the Client who is advised (but not obliged) to enclose a stamped self addressed
envelope for the provision of written receipt by CVS of their notice.
Complaints
37. In the event that the Client has a complaint the Client shall be entitled to have access
to the complaints handling procedure maintained by CVS copies of which are available
on request from the Operations

if you read clause 4, it is there that shows the period they charge for i.e 2010 - 2017

Clause4 amended in 2013

Not according to Terms and Conditions published on CVS website

Yes it is but for the last three years has maintained a campaign on all ratings sites. If the moderators are watching how comes he is alloed to do this?

Also we know the three are linked as I contacted Jerry about an issue I had and the next days Steven Simon under the poster JFV made comment.........

There appear to be no judgments against CVS. Is that feasible? Bearing in mind all the complaints and cases mentioned before?

I know who it is

I do find it odd that there is a intense campaign on all sites related to rates and all are derogatory and if anyone posts something positive it is jumped on immediately as being from one of the companies. It is uncanny how there is always a constant thread and must mean people are just sitting waiting for posts to then posts.......very odd if it is not a deliberate campaign. Steven simon under his various guises is one of the main protagonists and I understand this as he then poaches the business for himself. The same goes for Jerry if he is another. But who is this Sandra Spearing. Her company appears to be a building firm so what is her relationship to all of this?

Steven Simons is nothing but a career parasite - he campagins just as visciously for the 'pro smoking lobby' and god knows what else. Opportunist pillock really. There are no judgments against CVS, and neither is there any evidence which has ever held any water that they're remotely in the wrong. I am neither pro or against CVS - and I am most certainly not affiliated with the company. However, this constant raving is just terrible. A bit of google research suggests Sandra Spearing is a scrap dealer in the South West.

What has smoking got to do with rates, Steven Simon is not pro smoking but is pro choice and in his debates has exposed corruption within the World Health Organisation, the EU and the UK Government.  Nothing wrong with that !!

There's an update in this sorry saga. In order to streamline business rates, proposals are for the appeals process to be reformed.

https://www.gov.uk/government/news/marcus-jon ... -appeals-system

As we all know, there's a big problem with the business rates appeals system. It's clogged up with largely speculative appeals that largely never had any chance of success, largely from certain rating agents we could mention. This business model has thrived because there's nothing in place to dissuade it. There's no consequence for trying it on. Not for the rating agent anyway. The only consequences are ratepayer's being lumbered with rates increases.

So, in what's being called the 'check, challenge, appeal' process, changes are being proposed. The onus will continue to be on the appellant to prove from the outset that the VOA's valuation is incorrect. But the big difference is, if they can't - and here's the clincher - the appellant will have to put their money where their mouth is to have the case referred to be Valuation Tribunal.

One would expect the business model of bulk cold calling, no-win-no-fee, speculative appealing is about to drastically change. And you can well imagine certain folk are not happy about that.