Terms & Conditions

Credit Check Services terms and conditions

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1. DEFINITIONS

a) Some words and phrases used in these conditions have special meanings. These meanings are set out below.

"Application information" means Information You get from potential tenants or employees and that You give to Us so that we can perform the services.

"Charges" means The fees You pay for the services. This will be Our current price (plus any VAT payable) as set out on the Website at the time of purchase.

"Commencement date" means the date on which We provide you with access to the Services on the Website.

"Company group members" means Your subsidiaries, holding company or the other subsidiaries of Your holding company (or all of these).

"Information" means the results, reports and the information that We give You, including any information that does not directly relate to the Services.

"Services" means the online pre-screening services we provide to you.

"We" or “Us” or “Our” means Credit Check Services (Credit Check Services Limited). Our registered office is at Units 51-52 Wenta Building, Innova Science Park, Enfield EN3 7XU.

"Website" means the website at www.credit-check-services.co.uk or another website through which we deliver the Services.

"You" or "End User" means the person, firm or company engaged in the business of a landlord or as a letting agent which We accept to provide the Services to.

b) The headings used in these terms and conditions are for convenience only and do not affect these terms and conditions.

2. DURATION AND APPLICATION

Your entitlement to receive the Services starts when We provide You will access to the full facilities of the Website and continues until terminated in accordance with these terms and conditions.

3. THE SERVICES

a) We will provide the Services and Information in accordance with these terms and conditions. Your use of the Services and Information is subject to these terms and conditions.

b) The Services are only available to persons acting in a business capacity as a landlord, letting agent or employer.

c) We can stop providing the Services at any time if the information we need to provide the Services is unavailable. In these circumstances We will refund any advance payments You have made in respect of Services that have not been provided.

d) We reserve the right to vary these terms and conditions from time to time.  You will be responsible for ensuring You read these terms every time You access the Website to ensure that You understand and agree to the terms and conditions.  We strongly recommend You review these terms and conditions on a regular basis as You will be deemed to have accepted any such variations if You continue to use the Services after they have been posted.

4. PAYING CHARGES

a) Each time You use the Services You will pay the Charges in advance using the online payment portals provided.

5. COPYRIGHT AND CONFIDENTIALITY

a) All of the intellectual property rights (including copyright) in the Information belong to Us or our licensors. You will not own any of the intellectual property or have any rights to own the intellectual property. You may only make copies of the Information that You reasonably need for the purposes set out below.

b) The rights granted to You to use the Information and the Services are personal to You and You may only use the Information and the Services for the internal purposes of Your business. Unless required by law, You must:

  • keep the Information strictly confidential;
  • not publish the Information;
  • not give the Information to anyone else;
  • only give the Information to Your officers or employees (or both) who need to know or use it (You must make sure that Your officers and employees meet these confidentiality conditions); and
  • not copy, distribute or commercially exploit the Information unless these terms and conditions allow You to.

c) You must not use, or allow others to use, the Services or Information (or both) to provide authentication, fraud prevention or any other information-based services to anyone else. This restriction does not prevent You from sharing the Information with Your Company Group Members for Your internal business purposes but You must ensure that the provisions of this Section 5 also bind your Company Group Members. You must also get each person's permission to give any information relating to them to the Company Group Members.

d) If You act as an agent for someone else (the Principal) to consider the suitability of individuals for a tenancy with the Principal; You can make the Information available to the Principal for this purpose only but You must ensure that the provisions of this Section 5 also bind the Principal. You must also get each person's permission to give any information relating to them to the Principal.

6. Declaration for the End User completing the application form for Our screening services:

“I declare that:

  • The applicant has consented that we will use information provided to us by third parties to make decisions about their application.
  • We have informed the applicant that credit reference agencies may supply to us, public information and fraud prevention information.
  • The applicant has been advised that a search “footprint” will be recorded on their credit report; this will not affect their ability to obtain credit in the future.
  • The applicant has agreed to credit reference and fraud prevention agencies processing their data in accordance with the Use of Personal Information policy and has been advised of the details in this policy”

By proceeding with this application you confirm that you have advised the applicant of how their data may be used as described above. (tick to proceed)

Use of personal information notification:

Information given at the point of application is provided credit reference and fraud prevention agencies, this information may be supplied to other organisations and used by them and us for:

  • Preventing crime, fraud and money laundering by, for example when checking details provided on applications for credit and credit related facilities, insurance proposals and claims, applications for jobs or when checked as part of employment, plus other similar facilities.
  • Verifying the applicant’s identity should they apply for other facilities.
  • Performing on-going checks when managing the applicant’s existing agreements.
  • Tracing the applicant in order to recover debts that they owe.
  • Undertaking statistical analysis and system testing.

If false or inaccurate information is provided and fraud is suspected or identified this will be recorded and may be passed to Fraud Prevention Agencies and other organisations involved in crime and fraud prevention.

Information provided to credit reference and fraud prevention agencies as part of this application will be retained for 6 months.

In processing this information, credit reference and fraud prevention agencies may use the services of third parties, possibly based outside the UK or European Economic Area.

 How to find out more

You can contact the 3 credit reference agencies currently operating in the UK; the information they hold may not be the same so it is worth contacting them all.
They will charge you a small statutory fee.
CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ or call 0870 0601414
Equifax PLC, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0844 335 0550 or log on to www.myequifax.co.uk
Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0844 4818000 or log on to www.experian.co.uk.
Please contact us at 01992 719 234 if you want to receive details of the relevant fraud prevention agencies.

7. SECURITY

a) You will comply with any rules and guidelines that We reasonably prescribe in relation to the manner in which We provide the Services. We will adopt such measures necessary to ensure the security of the Information.

b) Each user will use their registered email address as an individual identification, which We call 'User ID'. Only the person to whom it is issued may use the User ID. The User ID cannot be transferred to or used by other users.

c) We refer to account numbers, identification codes and passwords (including the User ID) used to access the Services as 'Client ID'.

d) You are responsible for making sure that You keep Your Client ID secure. We will not be responsible for any losses (whether direct, indirect or consequential) arising from anyone using Your Client ID, whether authorised by You or not.

e) You also agree that You will:

  • maintain appropriate technical and organisational security measures and procedures to prevent the accidental or unauthorised disclosure of Your Client ID or its use by unauthorised people;
  • tell Us as soon as You become aware that anyone has found out or used Your Client ID without Your permission, or if any equipment You use to access the Services is stolen; and
  • be responsible for all Charges connected to the Client ID, whether or not You agree to these Charges.

f) We may cancel or suspend Your use of the Client ID if:

  • You break any of Your obligations under these terms and conditions; or
  • We are told about, or become aware of, any unauthorised or improper use of Your Client ID (either by You or by someone else), or that any equipment You use to access the Services has been stolen.

8. LIABILITY

a) You agree that You will not make any of Your business decisions based just on the Information.

b) You agree that You will make Your own independent evaluation and decision on the suitability or otherwise of each prospective tenant based on all information that is or becomes available to You.

c) You acknowledge that the Information is based on information other people give to Us and that We cannot control the accuracy or completeness of this information, which may also contain advice or opinions.

d) We use all reasonable skill and care to provide the Services. However, You agree that it is reasonable for Us to limit Our liability. In particular, We:

  • do not guarantee how accurate or complete the Information is, or how valid any advice or opinion We give is; and
  • are not responsible for any loss of any kind which You suffer as a result of a claim made by someone who We have Information, advice or an opinion about.

e) We are not liable to You for any of the following as a result of Our negligence or Us breaking the contract or any other liability or obligation:

  • Indirect or consequential loss
  • Loss of profit, loss of sales or increase in (or failure to reduce) bad debts
  • Loss of business or business use.

f) Our total liability to You in any one year (starting on the date on which you first use the Services or any subsequent anniversary of that date) for all claims for negligence, breaking the contract, or other liability or obligation is limited:

  • In the first year Our total liability will be limited to and will not exceed the Charges payable by You for the Services provided during that year;
  • In subsequent years Our total liability will be limited to and will not exceed the Charges payable by You for the Services provided in the previous year.

g) As far as We are allowed by law, We exclude and do not give any warranties, undertakings, representations, guarantees, terms (either express or implied) or conditions that:

  • the Services or the Information (or both) are fit for a particular purpose;
  • the provision of the Services or Information (or both) will be uninterrupted, timely, secure or error-free;
  • the Services or the Information (or both) will not affect anyone else's intellectual property; or
  • the Services or Information (or both) will meet Your requirements.

h) Nothing in these terms and conditions excludes Our liability for death or personal injury arising out of Our negligence.

i) You will protect Us, and keep Us fully protected, against any claims or actions made or brought against Us as a result of:

  • You making the Information inaccurate or incomplete (whether by something You do or something You don't do); or
  • You using the Services.

This protection will include all losses, damages, costs and other expenses (including any payments We make to settle any claims or actions on the advice of Our lawyers) that We have to pay, and You promise to pay Us or reimburse Us for any loss, damage, cost or other expense. This protection will not apply if We are at fault.

9. GENERAL CONFIDENTIALITY

a) You and We will both make sure that our officers, employees and agents do not pass any confidential information about the other to anyone else. This will not affect any of the other part of these terms and conditions.

b) 'Confidential information' means: (as the context may require):

  • any information concerning either of our trade secrets, customers, business dealings, transactions or affairs which may come to the notice of the other party; and
  • any information and/or knowledge relating to the methods or techniques We use to provide the Services and/or Information. These include any tapes, documents or other materials.

c) These terms and conditions do not apply to any confidential information which:

  • either You or We are required to divulge by a Court, tribunal or governmental authority with competent jurisdiction;
  • is already public knowledge, other than where either You or We break these confidentiality conditions;
  • the person who was told already knew (shown in written records); or
  • was independently received from someone else, without that person breaking any confidentiality obligations they have to either You or Us.

d) You grant Us a perpetual, royalty-free, transferable licence to use data relating to Your use of the Services and Your payment record within our other products and services.

10. APPLICATION INFORMATION

You grant Us a royalty-free, non-transferable, perpetual licence to use the Application Information. We can use the Application Information to improve the databases We use to provide the Services and any other databases, including those We use to provide similar services and other risk and fraud-prevention services to others.

11. CO-OPERATION AND HELP

At Your own cost, You shall co-operate with Us and give us the information and help We need to perform Our obligations in relation to the Services.

12. ENDING THE CONTRACT

a) We shall be entitled to suspend or terminate Your entitlement to receive the Services at any time. We will however fulfil any orders for Services received by You prior to the termination or suspension (unless the reason for this is that we suspect that the Services are being used fraudulently or for the purposes of fraud).

b) We will invalidate Your Client ID as soon as termination occurs.

c) Termination of these terms and conditions will not affect:

  • any other rights either You or We gained before the terms and conditions ended; or
  • any part of these terms and conditions that apply even when the terms and conditions ended.

d) As soon as the contract ends, You must give Us back all copies of Our confidential information.

13. DATA PROTECTION AND FOLLOWING THE LAW

a) Both of Us agree that, in relation to providing and using the Services (as appropriate), We will both follow all relevant legislation and regulations. These include without limitation:

  • the Data Protection Act 1998 (including the Data Protection principles);
  • all amendments to the Data Protection Act 1998; and
  • any regulations or requirements made by any governmental authority or equivalent body.

b) You agree to hold all necessary registrations prior to Your use of the Services.

c) On each occasion You use the Services You must first get permission from the individual who is the subject of the Services using the wording set out on the Website to get this permission. If You fail to get this permission, You must not use the Services on behalf of the relevant individual.

d) You warrant that You have in place and will maintain:

  • appropriate technical and organisational measures against accidental, unauthorised or unlawful processing, destruction, loss, damage or disclosure of the Information;
  • adequate security programmes and procedures to ensure that unauthorised persons do not have access to equipment used to process the Information or on which the Information is stored.

e) You also agree to follow the code of conduct relating to the Services that has been approved by the Office of the Information Commissioner. This will not affect Your obligations to follow any statutory requirement.

14. EVENTS BEYOND OUR CONTROL

a) If either of us cannot carry out our obligations because of events beyond our control, whoever cannot perform their obligations will tell the other. Their obligations will be suspended and they must do all they can to put the situation right as soon as possible.

b) Events beyond our control include (without limitation) the following acts or circumstances which neither of us can prevent:
Acts of God.

  • Strikes, lockouts or other industrial disturbances.
  • Wars, blockades, riots, epidemics, landslides, lightning, earthquakes, fires, storms, civil disturbances and terrorism.
  • Governmental regulations and directions.
  • Any failure of hardware, software, telecommunications services or equipment which We use to provide the Services, which is due to the fault of someone else.
  • Any other cause that is not within Our or Your reasonable control.

15. GIVING YOU INFORMATION

We will give You the Information in line with Our published standard timescales. We may publish new standard timescales from time to time. The timescales are only a guide and We do not have to keep to them if You raise a query that We cannot reasonably sort out within the timescales.

16. TRANSFERRING RIGHTS

The rights granted by these terms and conditions are personal. Neither of Us can transfer, assign or grant any of these rights to anyone else without the permission, in writing, of the other. This permission must not be unreasonably withheld or delayed.

17. DECIDING WHETHER TO ENFORCE RIGHTS

If either of Us fails to exercise any right or solution available under these terms and conditions, any failure or delay will not prevent either of Us from relying on those rights or solutions in the future.

18. ENTIRE AGREEMENT

a) These terms and conditions are the whole agreement between both of us for the Services. They take the place of all previous negotiations, understandings and representations between us in respect of the Services (except if either of us agreed to these terms and conditions as a result of the other side’s fraudulent misrepresentations).

b) If these terms and conditions conflict with any other terms available on the Website at any time (including but not limited to the terms of use), these terms and conditions will apply. In this document, references to 'terms and conditions' will include reference to any changes or variations that have been made and apply to these terms and conditions, and any such changes or variations will be made and will apply as set out at Section 3(d) above.

19. REMOVING TERMS OR CONDITIONS

If a court finds any part of these terms and conditions to be invalid, the term or condition in issue will be deleted and the rest of these terms and conditions will stay in full force.

20. LAW

These terms and conditions will be governed by English law. We both agree that the courts of England will have the power to settle any disagreement that may arise out of, under, or in connection with these terms and conditions.

21. NOTICES

a) All notices must be in writing and sent by recorded-delivery post, fax or e-mail. If We write to You, We will use the address, fax number or e-mail address that You give in Your application to receive the Services. You can write to Us at the registered office address as shown on the Website.

b) All notices are considered to have been received:

  • two working days after being posted if posted to the correct address;
  • one hour after being sent if sent by fax to the correct fax number;
  • one hour after the person it is addressed to starts work if sent by fax outside their normal working hours; and
  • when a receipt notice is received if sent by e-mail to the correct e-mail address.

If You or We send a notice by fax, the original fax must be put in the post on the same day that the fax is sent.

22. THIRD-PARTY RIGHTS

Only You and We have legal rights under these terms and conditions. Under the Contract (Rights of Third Parties) Act 1999, no-one else will be able to enforce any part of these terms and conditions.

REFUNDS POLICY FOR ORDERS PLACED ONLINE

For orders placed via the website refunds cannot be provided once Credit Check Services has started to process an order. Reports are processed within the service levels advertised, if you are unable to access your report for any reason please call our offices and we will arrange for the report to be resent by email, fax, or post. Any refunds made are at the discretion of Credit Check Services. This does not affect your statutory rights.