terms and conditions

Terms and Conditions

Terms and Conditions

DEFINITIONS

“Application information means information the potential job applicant or current employee provides to us so that we can perform the services.

Charges mean the fees you pay for the services. These are our published standard rates for our services (unless otherwise agreed by us in writing).

Commencement date means the date on which we accept you as a client or account holder.

Company group members mean 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 which does not directly relate to the services.

MVF means any minimum value figure contained in the pricing schedule for your use of the services over any term.

Pricing schedule means the schedule attached to these conditions, or any other schedule agreed by you and us, which contains details of your use of our services and refers to these conditions.

Services mean the services we provide to you.

We mean JAVO CONSULTANCY LTD (registered number: 10616318, VAT number: 262784087). Our registered office is at 20-22 Wenlock Road, London, N1 7GU.

Website means the website at www.javoconsultancyltd.com through which we offer the services.

Authorisation wording means wording supplied by the company to the client to obtain the clients’ candidates permission to carry out the relevant checks.

You or client means the person or company which we accept as a customer or account holder for the services. The headings used in these conditions are for convenience only and do not affect these conditions”.

DURATION AND APPLICATION

“These conditions will come into effect on the commencement date and continue in force for the agreed period or if no predetermined period is agreed then they will remain in force until we or you end them”.

THE SERVICES

“Pre-employment screening services, disclosure and barring service checks:

We will provide the services and information in line with these conditions. You must use the services and information in line with these conditions.

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 proportion to the period of time that is left after we stop providing the services, subject to an administration fee.

We will only provide information to you based on the services you have requested. We will not make comment on any candidates’ application and the decision to act on the information supplied by the company is entirely the clients’ decision alone.

We will supply, you the client, with information gained from reputable sources such as a data house, third party information providers, employers and character referees. We will endeavour to use only reputable sources of information. We will warrant that the information supplied by us is as it has been passed to us. We do not guarantee the accuracy of the information provided to us by 3rd party suppliers”.

PAYING CHARGES

“You will pay the charges for the services within 30 days of the date of the invoice to our chosen bank account, unless the pricing schedule states otherwise.

If you do not pay the charges on time, we can write to you and tell you that we will charge you interest on the amount you owe. Prior contact will be made to the client to ensure they have received the invoice and if there are any disputes before increasing the charges for late payment. This will not affect any other action available to us. We will charge interest at 4% a year above the APS Financial Ltd base rate from the date on which your invoice was late until the date on which we are paid (whether before or after any court judgement). Direct costs for outstanding debt recovery including any fee from a third party involved in the debt recovery will also be charged to you.

All amounts payable to us do not include Value Added Tax (VAT) or any other charge that will be charged in addition to the charges at the rate that applies at that time.

If there is no MVF, or the relevant term has ended and no new MVF has been set, you will pay for the services you use in line with the standard charges set out in the Service Level Agreement.

Subject to a 30 day notice period prior to the first day of April every year we will retain the right to increase the charges as set out in the pricing schedule by an amount not exceeding the rate stipulated by the average rate of the retail price index for the preceding six-month period immediately before the 1st April

Elements of the pricing schedule are based on charges incurred by us in the provision of the services. We reserve the right to pass on an increase to us with a minimum notice period of 10 days and subject to reasonable evidence”.

COPYRIGHT AND CONFIDENTIALITY

“Excluding personal data obtained in the course the vetting and screening activities, 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.

You may only use the services for the purposes of your business, including proof of verification and accreditation with a client. 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 conditions allow you to; keep and or use the information in full compliance with the Data Protection Act 1998.

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 or clients for the purpose of verification and accreditation only, but you must make sure that they follow the confidentiality, security conditions, liability conditions and the Data Protection Act 1998.

If you act as an agent for someone else (the principal) to: consider the suitability of individuals for employment with the principal; or you can make the information available to the principal but only for these purposes. You must also get each person’s permission to give any information relating to them to the principal.

If you wish to use any information supplied to you by us for any other purpose than explicitly stated above, you must obtain permission in writing from the company prior to its use or distribution.

We will not sell, distribute or market any personal data without your prior written consent and the prior written consent of the candidate.

We may use statistical information gathered during the course of the vetting and screening activities for the purpose of trend analysis and marketing.

Unauthorised use or distribution is expressly forbidden”.

SECURITY

“You must make sure that the information is secure and retained in compliance with the Data Protection Act 1998.

We will not be responsible for any losses arising from anyone using the information supplied by the company, whether authorised by you or not.

You also agree that you will: maintain appropriate technical and organisational security measures and procedures to prevent information supplied by the company from being accidentally given to or used by unauthorised people; tell us as soon as you become aware that anyone has found out or used information supplied by the company without authorisation or if any equipment you use to access the services, store information or store data is stolen and be responsible for all charges incurred by the company that have been approved by an authorised member of the client team, whether or not you agree to these charges. The authorised team member list can only be amended by an existing authorised team member.

We may cancel or suspend your services if: you break any of your obligations under these conditions; or we are told about, or become aware of, any unauthorised or improper use of information supplied by the company, or that any equipment you use to access the services, store information and store data has been stolen”.

LIABILITY

“You agree that you will not make any of your business decisions based just on the information provided by the company. You will discuss with the employee any identified issues.

You acknowledge that the information is based on information other people give to us and that we cannot control the accuracy of this information, which may also contain advice or opinions

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 information gained from 3rd parties is, or how valid any advice or opinion we give is; and are not responsible for any loss or consequential loss that you suffer as a result of a claim made by someone who we have information, advice or an opinion about unless we have not provided the services with reasonable skill and care.

We are not liable to you for consequential loss as a result of our negligence or us breaking the contract or other liability or obligation.

Our total professional indemnity cover to you in any one year (starting on the commencement date) for all claims for negligence, breaking the contract, or other liability or obligation is limited to £100.000 in addition to £2 million public liability and £10 million employers liability insurance cover .

As far as we are allowed by law, we do not give any representations, guarantees or conditions that: 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 provided that we have supplied the services in accordance with the terms and conditions and the agreed service level agreement.

Nothing in these conditions excludes our liability for death or personal injury arising out of our negligence.

You will protect us, and keep us fully protected, against any claims or actions made or brought against us by a third party as a result of: you actively making the information inaccurate or incomplete; or you using the services when we are not at fault. Any claim made by a candidate that we screen on your behalf to the extent that the claim is brought due to your discrimination on the grounds of age.

This protection will include all reasonable losses, consequential loss, damages, costs and other reasonable 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 for any loss, damage, consequential loss, cost or other expense. This protection will not apply if we are at fault”.

GENERAL CONFIDENTIALITY

“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 conditions.

‘Confidential information’ means: any information about our trade secrets, customers, business dealings or transactions; and any information relating to the methods or techniques we use to provide the services. These include any tapes, documents, other materials and other means.

These conditions do not apply to any confidential information which: a court, tribunal or governmental authority orders us to reveal; 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.

We can use the information you give us in relation to the services for any other purpose to which you agree”.

APPLICATION INFORMATION

“You accept that statistical information (such as types of searches conducted, or number of searches conducted) may be used for the following purposes: In connection with the collation of statistical data for any purpose. It may be passed to other government organisations and law enforcement agencies. Nothing in this agreement permits us to use, store, process or hold any personal information without prior written consent of both you and the relevant individual”.

CO-OPERATION AND HELP

“At your own cost, you must co-operate with us and give us the information and help we need to perform our obligations in relation to the services. The services performance timescale shall not commence until a fully completed application form has been received by the company”.

ENDING THE CONTRACT

“Either of us may end your entitlement to receive the services by giving the other at least three months’ notice, in writing.

Ending the contract will not affect: any other rights either you or we gained before the contract ended or any part of these conditions that apply even when the contract ended.

As soon as the contract ends, you must on our request give us back all copies of our confidential information”.

FOLLOWING THE LAW

“Both the company and the client agree that, in relation to providing and using the services (as appropriate), we will both follow all relevant legislation and regulations. These include: 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.

The client agreed to obtain permission in writing from the relevant person before requesting the services of the company to ask for details on the relevant person. You must use the authorisation wording set out by the company to get this permission.

If you fail to get this permission, you must not use the services on behalf of the relevant person.

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”.

FORCE MAJEURE

“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.

Events beyond our control include 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 that we use to provide the services, which is due to the fault of someone else and which we cannot fix (by using other suppliers of otherwise). Any other cause that is not within our or your reasonable control”.

GIVING YOU INFORMATION

“We will give you the information in line with our agreed standard time scales. We may publish new standard time scales from time to time. The time scales 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 time scales”.

TRANSFERRING RIGHTS

“The rights granted by these conditions are personal. Neither the company nor the client can transfer 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”.

TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT LEGISLATION (TUPE)

“You will be responsible for all costs associated with an arrangement under TUPE unless other specifically agreed in writing with us”.

DECIDING WHETHER TO ENFORCE RIGHTS

“If either the company or the client fails to exercise any right or solution available under these conditions, any failure or delay will not prevent either of us from relying on those rights or solutions in the future”.

ENTIRE AGREEMENT

“These conditions are the whole agreement between the company and the client. They take the place of all previous negotiations, understandings and representations. These conditions may only be changed in writing, and must be signed by an authorised representative from the company and the client (except if either of us agreed to these conditions as a result of the other side’s fraudulent misrepresentation).

If these conditions conflict with any other terms available on the website at any time (including but not limited to the terms of use), these conditions will apply. In this document, references to ‘conditions’ will include any changes that have been made to these conditions”.

REMOVING CONDITIONS

“If a court finds any part of these conditions to be invalid, it will be deleted and the rest of these conditions will stay in full force”.

DISPUTES PROCEDURE

“In the event of a dispute between us, it is agreed that both parties will seek a resolution to the dispute through arbitration or mediation through the use of a jointly agreed arbitration body or organisation”.

LAW

“These 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 conditions”.

NOTICES

“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 address shown on the website if this is from the address of our registered office.

All notices are considered to have been received: two working days after being posted if posted to the correct address and when a receipt notice is received if sent by e-mail to the correct e-mail address”.

THIRD-PARTY RIGHTS

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

Customer Representative ___________________________

Signature ________________________________________

Date: ___________________________________________

For JAVO CONSULTANCY LTD

Representative                                     ________________

Signature                                              ________________

Date:                                      ________________________

References:

Security and Vetting Solutions (2017), Terms and Conditions, https://www.security-vetting.co.uk/terms-and-conditions/, (accessed 13th February 2017).

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