Terms and Conditions

Terms and Conditions of Use of DART-Tag

GENERAL TERMS

OUR AGREEMENT

The terms of this Agreement apply to your use of the Tag and are the sole agreement between us. This Agreement includes these General Terms, any Special Terms (if they apply to you) and the Privacy Policy. The definitions of all capitalised words and expressions used in this Agreement can be found under the heading ‘Definitions and Interpretation’ at the end of this document.
New Applications

By submitting your application, you agree to the terms of this Agreement and our acceptance of your application constitutes a legally binding agreement between you and us on the terms of this Agreement.
Change of existing agreements (Pre-7 October 2012)

With effect from 7 October 2012 the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2012 replaces the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2008. Pursuant to the provisions of the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2012 and the Transport Act 2000, the Highways Agency (acting on behalf of the Secretary of State for Transport) have appointed Connect Plus (M25) Limited (“Connect Plus”) to collect, on behalf of and as agent for the Secretary of State for Transport, the Charges and to enter into agreements in respect of the Charging Scheme.

This Agreement supersedes any previous terms and conditions which governed the use of your Tag and will be effective from the 7 October 2012.

Provision and Use of Tag
1.1 We will notify you if your Account Application has been successful. We will deliver the Tag ordered by you to the address given on your application form as soon as possible after your Account Application is accepted and all payments required to open your Account Application (as specified in clause 5 of the General Terms and/or clause 3 of the Special Terms, if applicable) have been received by us.
1.2 As a condition to your continued use of the Tag, you will:
install the Tag on the vehicle and use the Tag only as directed by the instructions accompanying the Tag or as provided by us from time to time;
only use the Tag for the Class of Vehicle specified in your Account Application;
not sell, dispose of, damage or tamper with the Tag; lend or hire the Tag to any other person; or use the Tag fraudulently or illegally;
exercise all possible care to ensure the Tag is not lost, stolen or misused;
if the Tag becomes lost, stolen or is at risk of being misused, take all steps we consider necessary to assist us in recovering the Tag;
use the Tag and the Tag Account only for the purpose, and in the manner, permitted in these terms and conditions and in compliance with all applicable law; and
only maintain, at any time, an amount of credit in the Tag Account that is reasonably required to meet future Charges applicable to the Class of Vehicle specified in your Account Application.
1.3 While we endeavour to hold sufficient Tags to meet all applications, if we have insufficient stock to deliver a Tag ordered by you, there may be a delay in processing your Account Application. In this event, you may cancel your Account Application by notifying us in writing and if you cancel we will refund all payments we have received from you as soon as possible.
1.4 We will not be liable to you for any compensation:
if you choose to cancel your Account Application under clause 1.3; or
as a result of any delay in processing your Account Application, whether or not you choose to cancel.

Cooling-Off Period
2.1 You have the right to cancel this Agreement at any time within 14 days after the date on which we tell you that your application has been successful (the “cancellation period”). If you wish to cancel, you must notify us in writing using one of the methods listed in clause 9.1. If you cancel within the cancellation period:
we will not charge you for cancelling this Agreement;
if you have already received the Tag (or if you receive it after you have cancelled), you must not use the Tag and you must promptly return the Tag to us at the address given in clause 8.1;
we will repay to you all money we have actually received from you within 30 days of:
if you have not received a Tag before cancelling (and do not receive a Tag subsequently), the date on which we receive your notification of cancellation, or
if you receive a Tag before cancelling (or subsequent to cancelling), the date on which we receive the Tag under clause 2.1(b); and
if you do not return the Tag to us, we may make arrangements for collection of the Tag from you (including using an independent collection service) and we may charge you our cost in doing this.
2.2 Any termination of this Agreement after the cancellation period can be done only as specified under clause 7.

Use of Automatic Number Plate Recognition System
You agree that we may record images of your vehicle using an Automatic Number Plate Recognition System and may use them to determine that the Tag is being used in the Class of Vehicle specified in your Account Application (or if you have applied under the Local Resident Scheme, the specific vehicle you registered against the Tag for use on that scheme) and that we may retain and use any such images in accordance with, and for the purposes given in, our Privacy Policy.

Notification of Fault, Loss, Theft or Misuse
4.1 If the Tag is faulty, lost, stolen or if you become aware that the Tag may be or is being misused, you must immediately tell us by telephone on +44 (0)1322 280200 or by fax on +44 (0)1322 294256 (lines monitored during office hours) and, if we request, confirm the loss, theft or misuse in writing to the address given in clause 9.1, or by e-mail (losttag@darttag.co.uk). Until you notify us of any loss, theft or misuse of the Tag, you will remain liable for any use of the Tag. Where the Tag is lost or stolen, we will issue you with a replacement Tag if requested after we receive payment of the Service Fee. If there is sufficient credit in your Tag Account to pay for the amount of Service Fee, we may deduct the amount from your Tag Account.
4.2 You are not liable for any use of the Tag before you receive it or after you have notified us that it is lost, stolen or is being misused, provided that, once you have notified us of the Tag’s loss, theft or misuse, you make no further use of the Tag nor permit any other person to use the Tag.
4.3 If in our opinion the Tag is misused, a written warning will be sent to you (the “Mis-Use Notice”).
4.4 Without prejudice to the generality of clause 4.3, we will monitor the class of any vehicle using a Tag and if we are aware of any breach of clause 1.2(b) we shall be entitled to deduct from your Tag Account the Charge for the relevant classification and will issue a Mis-Use Notice to you.
4.5 If a Tag is misused we may immediately cancel that Tag and will notify you of the cancellation.

Collection of Charges
5.1 To use the Tag you must set up a Tag Account. To do this you must specify in your application your proposed method of payment. If your method of payment is:
by Mandate, you must complete the Direct Debit instruction attached to the application form and, if you wish to use your Tag before the Mandate is processed, you must also provide details of another acceptable method of payment to cover your intended use of the Tag; or
not by Mandate, you must complete the details relevant to your proposed method of payment in the Account application form and make the initial payments that are required to set up your Tag Account as specified in the Account Application form.
5.2 We will be entitled to deduct from your Tag Account all Charges (less the Discount), and other sums due to us pursuant to these terms and conditions, as they are incurred.
5.3 You will be able to monitor the status of your Tag Account, at any time, by logging on to your Tag Account homepage on our website which has information relating to the previous three months for:
the money you have paid into your Tag Account;
the amount of Charges (less the Discount) and other sums we have taken from your Tag Account;
if you have been admitted onto the Local Resident Scheme, the number of Journeys available to you under the scheme; and
any such other information as we consider appropriate in relation to your Tag Account in respect of the previous month.
5.4 We will not provide you with a statement of account, in respect of any given month, unless:
you have indicated in your Account Application that you require a statement either by email or in paper form; and
there has been activity on your Tag Account in that month. In these circumstances, we will provide you with a statement at the end of that month. We may, from time to time, change the duration covered by or frequency of your statements but, if we do so, we will notify you of that change in advance.
5.5 If you have elected to receive a paper statement, we reserve the right to charge an administration fee for this service and if we do so we will notify you of how much that fee is in advance.
5.6 You may change the amount of your Mandate at any time. If you want to change your Mandate you must do so by giving us at least 30 days’ prior notice in writing and, if required by us, by completing an amended Mandate authorisation.
5.7 If your Tag Account contains more than double the amount you pay into your Tag Account per month (as specified in your Account Application) you may ask us to refund money to you from your Tag Account, provided that such refund does not leave your Tag Account with less than an amount that is reasonable to meet any future Charges. Following your request for a refund, we will return to you (or your bank) the amount requested without further liability to you (including liability for loss of, or delay in receiving, such amount and any interest on such sum, and including if such loss or delay arises from our negligence).
5.8 If on reasonable grounds we believe that you are holding credit balances on your Tag Account in excess of the amount reasonably required to meet future Charges contrary to clause 1.2(g), we may, by notice, require that you reduce the credit balances and ask us to return to you an amount from your Tag Account in the manner provided in clause 5.7. If you fail to do so within 30 days of our request, we will be entitled to terminate your Agreement pursuant to clause 7.1(f)(ii) unless you can provide justification satisfactory to us as to why it is appropriate to maintain the level of credit balances in question.
5.9 Apart from payment by Mandate, other acceptable methods of payment are payments by Mastercard, Visa, American Express, Maestro, Solo, Electron, and cheque (sterling) drawn on a UK clearing bank account or cash (UK sterling).

Your Responsibilities
6.1 You agree:
that it is your responsibility to keep your Tag Account in credit. You acknowledge that the Tag will not work if your Tag Account does not have enough credit in it to cover the Charge payable at the payment barrier;
that the Minimum Top Up (whether by Mandate or any other method) is £10 and you acknowledge that payments of less than £10 will not be credited to your Tag Account;
that you are not entitled to interest on any money you pay into your Tag Account;
that the Charges are subject to increase by the Secretary of State for Transport and any such increase will become immediately binding on you and that we may increase the Minimum Top Up from time to time;
to notify us immediately if you cancel or alter your Mandate or do not intend to continue making payments by any of the other methods;
to pay the Charge in cash in full and that the Discount will not apply if:
your Tag Account does not have enough money in it to cover the Charge in question; or
your Tag has previously been reported as faulty, lost or stolen; and
to notify us promptly of any change in your email address and/or postal address (or, if the Tag is being used for purposes in connection with your business, the registered office of your business). You may do this by sending us a notice in accordance with clause 9.

Termination
7.1 We may terminate this Agreement at any time by notice to you in any of the following circumstances:
where you have set up a Mandate for your Tag Account, if you cancel or alter your Mandate for whatever reason other than as permitted by clause 5.6;
where you have elected to make payments into your Tag Account by any of the other payment methods, if your proposed payment is not accepted, your cheque is returned unpaid or it becomes apparent to us, that you do not intend to continue making payments by your selected payment method;
if you have, in our reasonable opinion, made fraudulent or illegal use of the Tag or the Tag Account or have made any use of the Tag or the Tag Account not authorised or permitted under this Agreement;
if you become bankrupt or are otherwise unable to pay your debts as they fall due or, as appropriate, an encumbrancer lawfully takes possession (and does not relinquish possession within thirty days);
for corporate Tag users, if an administrative receiver or receivers are validly appointed in respect of your assets or an administration order is made or an order or an effective resolution is passed for your winding-up;
if you are in breach of any of the terms of this Agreement and
that breach is incapable of remedy or
if capable of remedy, you do not remedy that breach within 30 days after we have notified you of it; or
if we have issued 5 or more Mis-Use Notices in any 12-month period pursuant to clause 4.3 or 4.4. In the case of termination pursuant to clause 7.1(g) you will not be allowed to open a new Tag Account for a period of 12 months after the termination of this Agreement.
7.2 You may terminate this Agreement on 30 days’ written notice to us.
7.3 We may terminate this Agreement on 30 days’ written notice to you.
7.4 Any termination of this Agreement is without prejudice to any other accrued rights or remedies that you or we may have.
7.5 Immediately upon receipt of notice of termination you will return the Tag to us in the manner given in clause 8.1.
7.6 Within 56 days after the date of termination, we will send you a final statement showing
the money you have paid into your Tag Account;
the amount of Charges (less the Discount) and other sums we have taken from your Tag Account (including any deposit retained or payment taken under clause 8.2); and
any such other information as we consider appropriate in relation to your Tag Account since the last statement was sent to you.
7.7 If the final statement indicates that your Tag Account is in credit, we shall, at the same time as sending the statement, make a refund to you for a sum equivalent to the amount of money in your Tag Account.

Return of Tag
8.1 The Tag remains the property of the Highways Agency. The Tag must be returned to us by post at FREEPOST RSCZ-LGUR-UHRX, Connect Plus, South Orbital Road, DARTFORD, DA1 5PR or by handing it in to the Customer Centre at the Crossing offices if:
we notify you that we intend to replace the Tag;
after you have notified us that the Tag is lost or stolen, the Tag is then found or retrieved by you;
you have notified us that the Tag is faulty or liable to be misused;
the Tag is cancelled pursuant to clause 4.5; or
this Agreement is terminated under clause 7 or 10.2.
8.2 If the Tag is returned damaged, tampered with, or if the Tag is not returned to us within 14 days of:
in the case of clause 8.1(a), the date on which we notified you of the intended replacement;
in the case of clause 8.1(b), the date you found or retrieved the Tag;
in the case of clause 8.1(c), the date on which you notified us that the Tag is faulty or liable to being misused;
in the case of clause 8.1(d), the date on which we notified you that the Tag has been cancelled; or
in the case of clause 8.1(e), the date on which this Agreement is terminated; then we may:
retain any amount you paid to us when applying for the Tag up to the value of the Service Fee; and
if there is not enough money in your Tag Account to cover the sum to be retained under clause 8.2(i), charge you separately the Service Fee, except where, in the case of clause 8.2(b), you have already paid us the Service Fee when applying for a replacement Tag pursuant to clause 4.1.
8.3 If you do not use your Tag for a period of more than twelve consecutive months then we will write to you to inform you of your non-use (the “Non-use Letter”) and if you do not recommence using the Tag within 30 days of the date of the Non-use Letter, we may close your Tag Account or cancel that particular Tag.
8.4 If we close your Tag Account or cancel a Tag (as the case may be) under clause 8.3:
in the case of closing your Tag account, we shall be under no obligation to return any money in your Tag Account until you return your Tag to us; and
if you fail to return the Tag to us within 14 days of us closing your Tag Account or cancelling the relevant Tag (as the case may be), clauses 8.2(i) and (ii) shall apply.

Notices
9.1 Where you are required to give us formal notice under this Agreement that notice must be sent to us by post, where proof of posting can be proven, courier or by hand delivery to: CUSTOMER CENTRE, CONNECT PLUS, CROSSING OFFICES, SOUTH ORBITAL ROAD, DARTFORD, KENT, DA1 5PR. Where we are required to notify you under this Agreement we will send that notice by post (or by hand delivery) or by e-mail to the address you last gave to us in accordance with clause 6.1(g).
9.2 Such notice will be deemed duly served 48 hours after posting, upon delivery or at the time of fax transmission.
9.3 If you try to give us a formal notice by telephone, e-mail or in person it will only be effective if you send us a written notice using one of the methods given in clause 9.1 within 7 days after your telephone, email or personal communication.

Changes to this Agreement
10.1 We may remove, change or add to the terms of this Agreement, as well as vary any of the sums payable by you or discounts available to you under this Agreement:
to conform with or anticipate any changes in any Applicable Law;
to provide for the introduction of new, reduced or improved systems, methods of operation, services or facilities;
to make them clearer or more favourable to you generally;
to ensure that our business is run prudently and lawfully;
to rectify any mistake that might be discovered in due course; or
for any other valid reason.
10.2 If we remove, change or add to the terms of this agreement, we will give you at least 30 days’ notice of any change, deletion or addition, unless it is to your advantage, in which case we will give you notice as soon as reasonably practicable after making the change, deletion or addition. If you are not happy with any of the changes, deletions or additions to the terms of this Agreement that we may make, you may terminate this Agreement and close your Tag Account by giving us written notice.

Assignment
We may, but you may not, assign transfer, charge or otherwise deal with this Agreement or the rights or benefits under it.

Privacy
You acknowledge that you have read and accept the terms of our Privacy Policy.

Limitation of Liability
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 13
13.1 The following provisions set out our entire liability (including any liability for the acts and omission of our employees, agents and sub-contractors) to you under or in connection with this Agreement in respect of:
any breach of our contractual obligations; and
any representation, statement or tortious act or omission including negligence, save that any exclusions or limitations will not apply in the case of fraud.
13.2 Our liability to you for death or personal injury resulting from our negligence will not be limited.
13.3 Subject to the limit set out in clause 13.4, we accept liability in respect of direct damage to your physical property resulting from our negligence.
13.4 Subject to the provisions of clause 13.2, our entire liability will be limited to an amount equal to £50,000 in the case of any Event of Default and/or any direct damage to your physical property resulting from our negligence.
13.5 Subject to clause 13.2, we will not be liable to you in respect of any Event of Default for loss of profits, goodwill or any type of special, indirect or consequential loss however caused (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or in our contemplation or if we had been advised of the possibility of you incurring it.
13.6 If more than one Events of Default in any 12 month period give rise substantially to the same loss they will give rise to only one claim under this Agreement.
13.7 Before taking any action under this Agreement against us, you will give us not less than 30 days from the date you notify us of an Event of Default to remedy it to your reasonable satisfaction.
13.8 Except in the case of an Event of Default arising under clause 13.2, we will have no liability to you in respect of any Event of Default, unless you have served notice of it to us within 2 years of the date you became aware of the circumstances giving rise to the Event of Default or the date when you ought reasonably to have become so aware.
13.9 Nothing in this clause 13 will confer any right or remedy upon you to which you would not otherwise be legally entitled.
13.10 Where you are dealing as a consumer (as such term is defined in Section 12 of the Unfair Contract Terms Act 1977), our liability in respect of the Tag’s correspondence with description, quality or fitness for purpose will not be excluded or restricted by the terms of this Agreement.
13.11 Except as expressly stated in this Agreement, all conditions, warranties, representations and/or undertakings, express or implied, statutory or otherwise are excluded.

Invalidity
14.1 If any one or more of the terms of this Agreement is, or becomes, invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other of these terms will not be affected or impaired.

Entire Agreement
15.1 The terms of this Agreement (together with any documents referred to in it) constitute the entire and only Agreement between you and us.
15.2 Nothing said by any sales person should be understood as a variation of this Agreement nor as an authorised representation about the nature or quality of the Tag nor the service we offer. You acknowledge that you have not been induced to enter into this Agreement in reliance upon any representation other than as are expressly set out in this Agreement.
15.3 This clause will not exclude any liability in respect of statements made fraudulently prior to entering this Agreement.
15.4 The terms of this Agreement cannot be varied or waived except in writing signed by a director of us.

Governing Law
This Agreement will be governed by and interpreted in accordance with English Law and the English Courts will have jurisdiction to resolve disputes between you and us.

Force Majeure
If delivery and use of the Tag is prevented or hindered by any matter beyond our control, including but not limited to acts of God, acts of government, strikes, lockouts and other industrial disputes (whether or not relating to our workforce), fire, lightning, aircraft, explosion, flooding, drought, riots, civil commotions, acts of war, malicious mischief or theft, then the performance of this Agreement will be suspended until such prevention or hindrance comes to an end.

SPECIAL TERMS
LOCAL RESIDENT SCHEME – SPECIAL TERMS

The following Special Terms apply where you apply for, and are accepted onto the Local Resident Scheme. These Special Terms apply in addition to the General Terms above. You are bound by, and must comply with, both the General Terms and Special Terms when using your Tag in relation to the Local Resident Scheme.

Local Resident Scheme – Cooling off Period
1.1 If you are applying for a Tag Account at the same time as applying to be registered onto the Local Resident Scheme, clause 2.1 of the General Terms and Conditions applies to both your Tag Account application and Local Resident Scheme Application.
1.2 If you already have a Tag Account and are only applying to register that Tag Account onto the Local Resident Scheme, clause 2.1 of the General Terms and Conditions does not apply and the clauses 1.3 and 1.4 below shall apply instead.
1.3 You have the right to cancel your admission onto the Local Resident Scheme at any time within 7 days after the date on which we tell you that your application has been successful (the “cancellation period”). If you wish to cancel, you must notify us in writing using one of the methods listed in clause 9.1 of the General Terms. If you cancel within the cancellation period:
we will not charge you for cancelling your admission onto the Local Resident Scheme; and
we will repay to you all money we have actually received from you in connection with your Local Resident Scheme application (this does not include any money that you have credited to your Tag Account and which is not related to the Local Resident Scheme) within 30 days of the date on which you informed us you were cancelling.
1.4 Any termination of your admission onto the Local Resident Scheme after the cancellation period can be done only under clause 6 of these Special Terms and any termination of your Tag Account can only be done under clause 7 of the General Terms.

Eligibility and Application Process
2.1 If you live in the Local Resident Zone, you may register up to the number of private cars per household as we may notify you from time to time are permitted on the Local Resident Scheme. You must prove to our reasonable satisfaction that you live in the Local Resident Zone and that you own each of the vehicles covered in your application.
Please refer to clause 2.3 below.
2.2 The Local Resident Scheme is only available to you if you live in the property covered in your application and that property is mainly used by you for residential purposes and if it is your main or permanent home.
2.3 With your application, you must send us acceptable evidence of eligibility for the Local Resident Scheme from both of the “Proof of Residence” and “Proof of Vehicle Ownership” sections below:
Proof of Residence
Clear A4 copies of:
a current council tax bill for the application address; and one other of the following documents, showing your name and address:
a bank or credit card statement no more than 3 months old;
a utility bill (for example gas, electricity or water bill but not a mobile phone bill) no more than 3 months old;
an income support book or housing association rent document; or
your driving licence.
Proof of Vehicle Ownership
If you own the vehicle(s) you are registering for the Local Resident Scheme you must provide a clear A4 copy of the vehicle(s) V5 document (Registered Keeper) that shows that the vehicle is registered to the application name and address. If the vehicle(s) you wish to register for the Local Resident Scheme is a company vehicle or a lease vehicle, you must send a clear A4 copy of one of the following:
a letter from your employer (on your employer’s headed paper) confirming your application address and that the vehicle is for your use only; or
your vehicle lease document.
2.4 We may reject your application if you do not include all of the required evidence listed above or if any of that evidence is unclear or incorrect. We will not return any of the documentation you send us, so please do not send us originals of the documentation.
2.5 We will try to process your application as quickly as we can. If your application is successful, we will send you the Tag (unless you already have one), together with instructions on how to use it in relation to the Local Resident Scheme. Until you receive confirmation of your admission onto the Local Residence Scheme, you will have to continue to pay the Charges:
in full, if you do not already have a valid Tag for your vehicle; or
less the Discount, if you already have, and use, a valid Tag for your vehicle.

Fees
3.1 To register for the Local Resident Scheme, you must pay the Annual Registration Fee.
3.2 You can pay the Annual Registration Fee and (if you have elected to pay) Initial Credit Payment by any of the other payment methods we accept (see clause 5.9 of the General Terms for details of which payment methods these are). Your application will not be accepted if we do not receive the Annual Registration Fee. If your application is successful, the Initial Credit Payment (if you have elected to pay it) will be credited to your Tag Account. If your application is rejected, we will return to you the Annual Registration Fee and any Initial Credit you have paid to us.
3.3 If we accept your application, the Annual Registration Fee is non-refundable, except where you cancel your Local Resident application within the cooling-off period (see clause 1 of these Special Terms).
3.4 You must pay the Annual Registration Fee by each Renewal Date. We may extend the period covered by the Annual Registration Fee and if we do so we will tell you in writing. If you do not pay the Annual Registration Fee when it is due, we may terminate your Local Resident account and clause 6.4 of these Special Terms will apply.

The Annual Allowance
4.1 If you are accepted onto the Local Resident Scheme your Tag Account will be credited with an Annual Allowance. For each Tagged Crossing we will deduct 1 Journey from your Annual Allowance.
4.2 If you use up all of the journeys in your Annual Allowance before your Annual Allowance is renewed, each additional Tagged Crossing you make will be charged at the Local Resident Rate. In such circumstances you will need to ensure there are sufficient funds on your account.
4.3 On each Renewal Date and provided you have paid any Annual Registration Fee that is due, we will renew your Annual Allowance. Any Journeys you have not used before the Annual Allowance is renewed will automatically expire and will not be rolled over into your new Annual Allowance.
4.4 Your Annual Allowance is personal to you and is nontransferable. The Journeys in your Annual Allowance have no cash value and any Journeys remaining in your Annual Allowance on termination of your admission onto the Local Resident Scheme are not refundable.
4.5 The Secretary of State for Transport may vary your Annual Allowance and/or the Local Resident Rate at any time during this Agreement, provided that any change will only become effective on and from your next Renewal Date. If any such change occurs, we will notify you of the change before your next Renewal Date.

Permitted Vehicles
5.1 In addition to your obligations regarding your use of the Tag in the General Terms and as a condition to your continued admission onto the Local Resident Scheme, you agree:
to use the Tag only in a Permitted Vehicle;
that if you use the Tag for a Tagged Crossing on a vehicle which is not a Permitted Vehicle for that Tag, we will
deduct the full Charge from your Tag Account for that Tagged Crossing; and
issue you with a letter, telling you that you have used your Tag on a vehicle which is not a Permitted Vehicle for that Tag (a “Written Warning”); and
to ensure that the number plate attached to your vehicle is clearly visible and is not likely to be misread due to damage, deterioration or because the characters are obscured and complies with The Road Vehicles (Display of Registration Marks) Regulations 2001 (as amended).
5.2 Written Warnings issued against you are final and binding, except in cases of obvious error. Any Charges we deduct from your Tag Account pursuant to clause 5.1(b)(i) of these Special Terms are not subject to appeal.

Termination of the Local Resident Account
6.1 Your admission onto the Local Resident Scheme will terminate automatically if:
this Agreement terminates for any reason under the General Terms;
you do not pay your Account Fee within 14 days after it becomes due; or
if we send you 5 or more Written Warnings in any calendar year.
6.2 You may terminate your admission onto the Local Resident Scheme at any time by giving us 30 days’ notice in writing in the manner given in clause 9.1 of the General Terms. You do not need to return the Tag to us, if you wish to continue using your Tag Account after your admission to the Local Resident Scheme has been cancelled.
6.3 The Local Resident Scheme may be terminated, withdrawn or suspended or its terms or the eligibility criteria may be varied at any time as a result of changes to Applicable Law. We have no liability to you for any loss you may suffer as a result of such termination, withdrawal, suspension or changes to the terms or eligibility criteria.
6.4 We may terminate your admission onto the Local Resident Scheme if you are in breach of any of these Special Terms and (i) that breach is incapable of remedy or (ii) if capable of remedy, you do not remedy that breach within 30 days after we have notified you of it.
6.5 If your admission onto the Local Resident Scheme terminates for any reason, then:
your Tag Account will continue to operate without the Local Resident Rate applying. This means that any Tagged Crossing you make will be governed in accordance with General Terms only of this Agreement; and
save in the case of termination under clause 6.3 of these Special Terms, you may re-apply for the Local Resident Scheme (by filling in a new application and following the process set out in clause 2 of these Special Terms) after the next Renewal Date.

DEFINITIONS AND INTERPRETATION

The following words and expressions used in this Agreement will have the following meanings:

“Account Application” means your application to open a Tag Account and to receive a Tag, including additional Tags, and, where you have an existing Tag Account, the previous application by which you opened that Tag Account;

“Agreement” means these General Terms, the Special Terms (where applicable) and the Privacy Policy;

“Applicable Law” means any laws, rules, regulations, guidelines, directives, treaties, and judgments, together with any decrees, orders, decisions, instructions or notices of the Secretary of State for Transport and/or any Governmental Authority relating to, or impacting on, the Dartford-Thurrock Crossing;

“Annual Registration Fee” means the non-fundable sum to be paid each year by you in order to be, and remain, admitted onto the Local Resident’s Scheme as specified in the Account Application form;

“Annual Allowance” an allowance of Journeys credited to your Tag Account (the allowance is determined by the rate/value then applicable on your Start or Renewal Date);

“Chargeable Period” anytime at and/or after 6:00 am and before 10:00 pm every day;

“Charges” the charges imposed under a charging scheme made under Part III of the Transport Act 2000 for each single journey across the Dartford-Thurrock Crossing during the Chargeable Period;

“Charging Scheme” the charging scheme under the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2012 (as amended, varied, novated, supplemented and replaced from time to time) made by the Secretary of State for Transport pursuant to Part III of the Transport Act 2000;

“Class of Vehicle” the class of motor vehicle as set out in Schedule 2 and 3 of The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2012;

“Connect Plus” means Connect Plus (M25) Limited a company organised and existing under the laws of England and Wales, registered under number 6683845 and having its registered office at 350 Euston Road, Regent’s Place, London NW1 3AX and its successors and permitted assigns or, where appropriate, persons authorised by the Secretary of State for Transport;

“Credit” means, as the context requires, either the Annual Allowance or money held on your account.

“Discount” the sum to be deducted from the Charges where a Tag is used rather than a cash payment;

“Equipment” all equipment used by us to operate the charging system other than the Tag;

“Event of Default” any act or omission on our part falling within clause 13.1 of the General Terms;

“General Terms” the terms and conditions relating to your general use of the Tag set out in clauses 1 to 17 under the heading General Terms in this Agreement;

“Governmental Authority” means any national, federal, regional, state, provincial, municipal, county or other governmental, quasi-governmental, administrative or regulatory authority, body, agency, court, tribunal, commission, instrumentality or other similar entity (including any branch, department or official thereof) in the United Kingdom or elsewhere;

“Initial Credit Payment” the first sum you are required to pay into your Tag Account as specified on the Account Application form;

“Journey” a one-way, free of charge, passage across the Dartford-Thurrock Crossing under the Local Resident Scheme, as set out in clause 4 of the Special Terms;

“Local Resident Scheme” a scheme under which residents living within the Local Resident Zone are entitled to a specified number of discounted Tagged Crossings per year;

“Local Resident Rate” means the discounted charge (as notifying to you from time to time) payable by you if (a) you have applied for and are admitted onto the Local Resident Scheme and (b) you make a Tagged Crossing without any unused Journeys available;

“Local Resident Zone” residents of Dartford Borough Council and Thurrock Council;

“Mandate” a direct debit or other continuous authority mandate authorising the payment to us of a sum of money;

“Minimum Top Up” is the lowest sum of money that you can pay into your Tag Account in a single transaction;

“Mis-Use Notice” has the meaning given in clause 4.3 of the General Terms;

“Monthly Payment” is the amount you have indicated that you wish to pay each month into your Tag Account;

“Non-use Letter” has the meaning given in clause 8.3 of the General Terms;

“Permitted Vehicle” is the specific vehicle whose license plate is the one you have registered against the Tag in your Account Application;

“Privacy Policy” our policy governing provision, use and protection of the information provided by you. A copy appears on www.dart-tag.co.uk and is available in writing on request;

“Renewal Date” means each anniversary of the Start Date;

“Service Fee” £15 plus VAT (or such other amount we notify to you as being the current cost of replacing the Tag at the time);

“Start Date” means the date on which we notify you that your application for admission onto the Local Resident Scheme has been accepted;

“Special Terms” means those additional clauses 1 to 6 under the heading Special Terms in this Agreement;

“Tag Account” the account linked to your Tag into which you can deposit money to pay for Charges in respect of crossings made using that Tag;

“Tag” the transponder to be affixed to your vehicle to operate the equipment according to this Agreement;

“Tagged Crossing” a one-way passage across the Dartford- Thurrock Crossing during the Chargeable Period when that journey is taken using a Tag;

“Us”, “We” and “Our” Connect Plus;

“Written Warning” has the meaning given in clause 5.1(b)(ii) of the Special Terms; and

“You” and “Your” the person applying for or issued with the Tag by us.

Reference to statutes or statutory provisions or rules include references to any orders, regulations, bye-laws or Governmental Authority decisions made thereunder and references to any statute, statutory provision or rules or orders, regulations, bye-laws or Governmental Authority decisions made thereunder include that statute, statutory provision, rule, order, regulation, bye-law or Governmental Authority decision as amended, modified, re-enacted or replaced from time to time.
Disclaimer

Content: Connect Plus (M25) Limited (Connect Plus) is providing this site on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Connect Plus makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Connect Plus howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Damage arising from use of Connect Plus Web Site: Neither, Connect Plus nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Price Revisions: Connect Plus, reserves the right at any time, and without notice, to revise its discount rates when directed to do so by the Secretary of State for Transport. All orders for Tags are subject to availability and Connect Plus reserves the right to refuse to supply to any individual or company for whatever reason.

Trade Marks and Copyright: All brand names, product names and titles and copyrights used in this site are trade marks or trade names or copyrights of their respective holders. No permission is given by Connect Plus in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.

All design, text, graphics and the selection or arrangement thereof are the copyright of Connect Plus. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Connect Plus or using this site as an information resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Connect Plus is strictly prohibited.

All trade-marks, product names and company names or logos cited herein are the property of their respective owners.

Credit Card Security: Connect Plus uses Secure Socket Layer (SSL) to protect your credit card information. This encryption technology enables our web site to encrypt your credit card number prior to transmission over the internet. However, any losses incurred or sustained by applicants/users who transmit information by means of e-mail or other internet link shall be borne solely and exclusively by that applicant/user and in no event shall any such losses in whole or in part be borne by Connect Plus. If you are using a public computer, you must sign out when you have finished ordering or visiting the Account pages.

If you discover that a Tag has been ordered or money has been credited to your account by someone using your credit card who is not authorised to do so, Connect Plus will refund to you the money it receives provided that:

(a) you inform your credit card company and Connect Plus of the unauthorised order or credit as soon as you discover it; and

(b) you co-operate with your credit card company, Connect Plus and, if necessary, the police in relation to the unauthorised use.
Privacy Policy

Connect Plus is committed to ensuring that your privacy is protected. This Privacy Policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

The information we collect and how we use it

When you apply to open a Tag Account with Connect Plus we need to know:
your name, postal address, e-mail address, telephone number;
if your preferred method of payment is by credit or debit card, your credit or debit card number and expiry date;
if your preferred method of payment is by Mandate, your bank account details; and
the number, class or classes of vehicles for which the Tag(s) are required together with the estimated average number of monthly trips for each vehicle.

For the Local Resident Scheme we also need
details of the vehicle that will be registered to the Tag; and
evidential records that will provide proof of residence and proof of vehicle ownership.

When you register a comment on our website we need to know your name and email address. You are also requested to provide your telephone number and address.
How we use your information

We (which may include our agents and sub-contractors) gather and use this information to allow us to deal with your request, process your application, open an account for you and if required dispatch the required Tag(s). The relevant information is then used by us our agents and subcontractors, to manage your account and to provide you with statements of your account. We also use your information to communicate with you on any matter relating to the conduct of your account and our service in general. We and our agents and sub-contractors may also use aggregate information for the purposes of monitoring traffic flows and capacity of the Crossing and may therefore provide such aggregate information to third parties. Your information may also be used in support of crime prevention and the personal safety of road users and operatives.

We may also want to contact you by post or by telephone to provide you with related information from third parties which we think may be of interest to you. If you would rather not receive this information, please e-mail us at refusal@dart-tag.co.uk or write to us at Connect Plus, South Orbital Road, Dartford DA1 5PR. Any information you give us in relation to any loss, theft or misuse of any Tag(s) may be passed on to the police or other relevant authorities or entities together with any other information Connect Plus considers relevant for the matter to be dealt with.

For further information on, how your information is used, how we maintain the security of you information, how long the information is held and your rights to access to the information we hold on you, please contact Connect Plus at the address below.
How we protect your information

Your personal information used by us includes any information obtained from you or through automated data capture equipment which can be used to identify you or your vehicle tag. All information is collected lawfully and in accordance with the Data Protection Act 1998. Your privacy is important to us and we will protect your personal information.

The Internet is not a secure medium. However we have put in place various security procedures as set out in this Privacy Policy. We have installed a mechanism that uses digital server identities so that you can be sure that the web site you access is the Connect Plus web site. Your security is assured by the secure socket layer certification issued by Thawte a well known certification system technology provider. When you access our site your secure browser will be provided with an electronic certificate confirming that you have accessed our site and all communications between you and Connect Plus will be encrypted. In addition, all communications with banks and credit providers will be encrypted. Firewalls are used to ensure security of data transfer and to block unauthorised traffic to the servers and the actual servers are located in a secure location which can only be accessed by authorised personnel. We also keep your information confidential. Connect Plus’ internal procedures cover the storage, access and disclosure of your information and are designed to ensure that there is no unauthorised disclosure of your information by any employee of Connect Plus.
Sale of business

In the event that this business is sold, integrated with another business or transferred to another operator your details will be passed on to the new owners or operators of the business.
Updating your details

We will also do our best to ensure that your details are accurate and kept up to date and processed for the purposes set out in this Privacy Policy. You are entitled to receive a copy of information we hold about you, however we reserve the right to charge a fee for supplying such information which will be advised upon application.

If any of the information that you have provided to Connect Plus changes, for example, if you change your address, please let us know the correct details by updating “your personal information” tab on the website or by sending a letter to Connect Plus, Customer Centre, South Orbital Road, Dartford, Kent DA1 5PR.
Your consent

By submitting your information you consent to the use of that information as set out in this Privacy Policy. If we change our Privacy Policy we will post the changes on our web site (www.dart-tag.co.uk) so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Because the Internet infrastructure is global the information you provide may be transferred outside the European Economic Area during use as set out in this Privacy Policy. By submitting your information you consent to these transfers.
Automatic Number Plate Recognition (ANPR)

All vehicles passing through the charging plazas are recorded on ANPR cameras. Images of vehicles using the Crossing are used to determine that the payment made is correct or that the vehicle is exempt. All of the recorded images are encrypted and are stored for up to 2 years. We will send you a copy of any image that shows that the Tag has been used in the incorrect vehicle in support of our decision to withdraw entitlement to local discount in accordance with clause 5 of the Special Terms of the DART-Tag Terms and Conditions.
How to contact Connect Plus

We welcome your views about our web site and our Privacy Policy. If you would like to contact us with any queries or comments please use the “comments and suggestions” link on our web site (www.dart-tag.co.uk) or send an e-mail to admin@dart-tag.co.uk. Alternatively, please contact our Customer Centre on +44 (0)1322 280200 or write to: