Terms and conditions

National Vetting Solutions Pay as You Go Service Agreement

We are National Vetting. (“NVS”/ “the Company”/ “we”/ “us”/ “our”). Our registered office is at 5 The Old Eagle, Market Place, Dereham, Norfolk, England, NR19 2AP. You (“you”/ “your”) are the user of this website with domain name www.nationalvetting.uk (“Website”). Either you or National Vetting may also be referred to in this NV Services Agreement (“NVSPAYG”) as a “Party” or together as the “Parties”. By using the Website, you agree to be bound by this NVSPAYG (without amendment or variation),

which applies to our provision of pre-employment screening packages online (“Services”). You undertake, warrant and represent that you are using the Website and the Services as a duly authorised representative of a business registered at UK Companies House (“legal person”) and not in the capacity of a consumer or of an unincorporated business. Definitions not included within the body of this NVSPAYG can be found in the Appendix to this NVSPAYG. A term has a defined meaning if capitalised letters are used to reference that term.

1. Website

1.1. We may change the terms of the NVSPAYG at any time by publishing revised terms on the Website, by using the Website following any changes to the NVSPAYG you agree to be bound by the revised terms.

The date stated in the Version section of the NVSPAYG indicates the date the NVSPAYG was last changed. The version of the NVSPAYG on the Website at the time Services are purchased shall apply to that Service provision.

1.2. All copyrights, trademarks, design rights, patents and other intellectual property in and on the Website or the screening portal (“Portal”) and all content located on this Website and the Portal shall remain vested in the Company. You may not modify, copy, reproduce, republish, upload, post, transmit, reverse engineer or distribute, in any manner or format, the material on the Website or the Portal, including, but not limited to text, graphics, code and/or software. You shall not and shall ensure your users shall not, use the Website or the Portal to upload, transmit, or otherwise distribute any content that is threatening, defamatory, fraudulent, infringing or otherwise unlawful or store, submit or distribute viruses, worms, time bombs, malicious code or anything of a harmful nature.

1.3. We do not warrant, guarantee, or make any representations, either expressed or implied, as to the completeness, timeliness or accuracy of any of the input or output data and/or programs available on the Website or Portal. You acknowledge that you are responsible for establishing the accuracy of information submitted to the Website and, following registration, to the Portal and for establishing the legal permissibility of any search.

1.4. Use of the Website is subject to our policies and procedures and can be found on www.nationalvetting.uk

1.5. The NVSPAYG applies to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and, unless otherwise stated, prevail over any previous terms entered into between the Parties.

1.6. Any descriptive matter or advertising issued by us, and any descriptions or illustrations contained on the Website or in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the NVSPAYG or have any contractual force.

2. Registration

2.1. To purchase Services from the Website you will need to select which package you require, pay via card and then you will receive an email for the applicant details, and also login details for the client admin portal to view the progress of the screenings.

2.2. Services are only available to businesses hiring individuals in the United Kingdom.

3. Payment & Charges and refunds

3.1. You agree to pay the applicable charges for the Services you select at the price stated at the time of the order (“Price”), each time you purchase a screening package or additional screening components, using a valid credit card. Credit card data is not held by us, we use a third-party provider (“Stripe”) for the purposes of processing credit card payments. Please see Stripe’s Privacy https://stripe.com/gb/privacy and Terms https://stripe.com/gb/legal as to how they treat your credit card data.

3.2. By submitting your credit card details you agree that we have your continuing authority to take payment for any Services purchased including any additional screening components.

3.3. Unless specifically advised at the time of the order you understand and acknowledge that the Price excludes, and the Services may incur additional fees for additional screening components pertaining to a Candidate which are requested following the initial purchase of Services (“Additional Fees”).

3.4. For the avoidance of doubt, Additional Fees will only be incurred with your express prior authorisation. These may be for international checks undertaken to comply with your regulatory obligations.

3.5. Prices stated on the Website are inclusive of VAT which is chargeable on all Services. We reserve the right to adjust Prices and Additional Fees stated on the Website at any time any such variation shall not apply to any Services already commenced.

3.6. National Vetting Solutions have a non-refund policy. If you pay for a service then the service and the application form has been processed there will be 100% non-refund as costs would have been added to the service from the start of all the checks.

4. Data Protection

4.1. For the purposes of the NVSPAYG, we shall act as processor and you shall act as controller (as defined in UK GDPR). The Company may also act as a controller in some circumstances during the provision of the Services, for the purposes of the NVSPAYG notwithstanding our obligations as processor to you as the controller.

4.2. You agree that as controller you are responsible for determining the lawful basis for processing Candidate Personal Data and for determining which Services are both legally permissible and appropriate for their purposes in any given circumstance.

4.3. We shall not be entitled to process Personal Data for our own purposes, and may only process Personal Data on your behalf, under your instructions and for the sole purpose of carrying out our obligations under the NVSPAYG.

4.4. We shall:

4.4.1. only process Personal Data in accordance with the NVSPAYG (and not otherwise unless alternative processing instructions are agreed between us in writing) except where otherwise required by applicable law (and shall inform you of that legal requirement before processing, unless applicable law prevents it doing so). For the purposes of the NVSPAYG:

(i) the subject matter, nature and purpose of the processing shall be to provide the Services;

(ii) the duration of the processing shall be the term of the NVSPAYG;

(iii) the Personal Data categories shall be the information required by us to provide the Services; and

(iv) Data Subjects shall be those candidates who are the subject of the Services;

4.4.2. if we believe that any instruction received from you is likely to infringe the Data Protection Laws, notify you promptly and be entitled to cease to provide the relevant Services until the Parties have agreed appropriate amended instructions which are not infringing;

4.4.3. save for transfers to Sub-Processors and Data Providers, not process and/or transfer, or otherwise directly or indirectly disclose, any Personal Data in or to countries outside the UK/EEA without the prior written consent of the Candidate; furthermore, such transfers shall only be made where they are necessary for us to perform its obligations under the NVSPAYG in the delivery of its Services;

4.4.4. implement and maintain the technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, alteration, unauthorised disclosure or access;

4.4.5. comply with the security principles set forth in our information security and data protection policies; and 4.4.6. not disclose Personal Data to any person (including affiliates or contractors) unless

(i) you have given prior written consent to such disclosure, and

(ii) we can ensure that such person is bound by the same data processing obligations as we are under this NVSPAYG.

4.5. In addition, we shall:

4.5.1. taking into account the nature of the processing and the information available, assist you in ensuring compliance with a controller’s obligations pursuant to Articles 32 to 36 of the UK GDPR (and any similar obligations under Data Protection Laws); and

4.5.2. taking into account the nature of the processing, assist you (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of your obligations to respond to requests for exercising a Candidate’s rights under Chapter III of the UK GDPR (and any similar obligations under Data Protection Laws) in respect of any Personal Data.

4.6. We shall notify you without undue delay and in writing on becoming aware of any Personal Data Breach in respect of any Client Personal Data.

4.7. We shall:

4.7.1. (subject to our obligations to comply with Data Protection Laws) ensure Personal Data is corrected, deleted, or securely archived in accordance with your instructions;

4.7.2. unless you instruct us otherwise, retain your Client Personal Data for a period of 12 months following the delivery of the Services (ie the screening report being completed and delivered to you) after this time Client Personal Data shall be hard deleted from the Portal.

4.7.3. (subject to our obligations to comply with Data Protection Laws and subject to reimbursement of all reasonable expenses) assist and support you in the event of an investigation by a data protection regulator or similar authority if, and to the extent that, such investigation relates to the processing of Personal Data under the NVSPAYG;

4.7.4. promptly and properly deal with your enquiries and requests in relation to the processing of Personal Data under the NVSPAYG and provide other reasonable assistance and support; and

4.7.5. destroy all Candidates’ Personal Data in a suitably confidential manner (subject to 4.7.2.), unless required by law to retain it.

4.8. We shall:

4.8.1. not permit any processing of Personal Data by any agent, Sub-Processor or other third party (except its or its Sub-Processors’ own employees in the course of their employment) without your written authorisation;

4.8.2. prior to the relevant Sub-Processor carrying out any processing activities in respect of the Personal Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under this Clause 4;

4.8.3. remain fully liable to you under the VGSA for all the acts and omissions of each Sub Processor as if they were our own; and

4.8.4. ensure that all persons authorised by us to process Personal Data are subject to a binding written contractual obligation to keep the Personal Data confidential.

4.9. We shall, upon reasonable notice, in accordance with Data Protection Laws, make available to you, in the format prescribed by us, such information as is necessary to demonstrate our compliance with the obligations under the NVSPAYG.

4.10. Should we be unable to comply with the Data Protection Laws, we shall promptly notify you to this effect, and you shall then be entitled (at your option) to suspend the transfer of Personal Data or require us to cease processing relevant Personal Data.

4.11. We shall use and share your personal information in accordance with our Privacy Policy

5. Services

5.1. We will only commence the provision of the Services in respect of a particular Candidate upon receipt of a Declaration signed by that Candidate.

5.2. You acknowledge and agree that you are responsible for informing the Candidate of the range and scope of the searches to be undertaken.

5.3. Whilst we will make all reasonable efforts to effect performance of the Services in accordance with stated estimated timeframes, we give no condition or warranty as to when the Services will be provided.

5.4. We may only engage Sub-Processors with your prior consent. A formal notification will be issued to you and published on the Website prior to our engaging a new Sub-Processor. We shall ensure that the Sub-Processors are bound by the same obligations as us under this NVSPAYG. It will be your responsibility to notify us of any objection to the proposed Sub-Processor engagement. Failure to raise any such objection will be considered to indicate acceptance of the proposed Sub-Processor change. Should you object to the proposed Sub-Processor engagement the NVSPAYG shall terminate 30 days from our receipt of the objection, and we shall cease to provide Services to you after termination (save for Services already ongoing).

5.5. You acknowledge and agree that the Data Provider(s) are under no obligation to supply the information required and therefore any failure on the part of the Data Providers in this regard shall not be deemed as our breach of the NVSPAYG, provided that we have taken all reasonable steps to procure such information.

5.6. We do not warrant, vouch for, or authenticate the reliability of and shall have no liability for the information pertaining to a Candidate provided by Data Providers and Sub-Processors.

5.7. You acknowledge and agree that the availability and provision of UK Criminal Record Checks are subject to the conditions set out at Appendix 2.

6. Portal

6.1. You warrant that you shall:

6.1.1. keep confidential and not share with any third party any ‘PIN’, ‘ID’ or similar password that is provided to access the Portal;

6.1.2. not use the Portal to store or transmit infringing, libelous or otherwise unlawful or tortious material or to submit to the Portal any bugs, logic bombs, viruses, worms, time bombs or other harmful or malicious code that may infect or cause damage to the Portal;

6.1.3. not undertake any penetration, vulnerability or other similar testing on the Portal without our express written consent;

6.1.4. notify us, as soon as reasonably practicable, of any changes to the personnel authorised to access the Portal or of any change to the level of access permitted by you to personnel authorised to access the Portal; and

6.1.5. only use the Portal for the purposes agreed by us.

6.2. You understand the Portal provides the functionality enabling you to download all Personal Data pertaining to an individual Candidate obtained throughout a screening and this functionality may be utilised by you to comply with obligations under Article 15 UK GDPR.

6.3. We grant you a non-exclusive, non-transferable, royalty-free licence for the duration of the NVSPAYG to use the Portal for the purpose of viewing the progress and results of each screening. No other rights are granted to you. You agree to observe good business practices in your use of the Portal.

7. Limitation of Liability and Indemnities

7.1. Nothing in the NVSPAYG shall exclude or in any way limit either Party’s liability for fraud, or for death or personal injury caused by a Party’s negligence.

7.2. Subject to Clause 7.1:

7.2.1. Each Party’s maximum aggregate liability under or in connection with the NVSPAYG, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed £250,000.00.

7.2.2. Neither Party will be liable under the NVSPAYG for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract, breach of statutory duty or otherwise, whether or not such loss or damage is foreseeable, foreseen or known;

7.2.3. the Parties agree that any condition, warranty, representation or other term concerning the performance of the Services which might otherwise be implied into or incorporated in the NVSPAYG, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law;

7.3. The Parties shall take all reasonable steps to mitigate any losses incurred.

8. Termination

8.1. The NVSPAYG may be terminated by either Party:

8.1.1.for convenience, on 30 days written notice, any Services being undertaken at the time of termination shall be completed within the timescale(s) agreed by both Parties prior to termination;

8.1.2.immediately by a Party upon the insolvency, administration, appointment of a receiver, or the winding up of the other Party.

9. General

9.1. You agree not to provide any part of the Services or a screening package to another third-party legal person whether directly or indirectly, except as otherwise permitted by us and subject to the prevailing NVSPAYG.

9.2. Neither Party shall assign, transfer or in any other manner make over to any third-party the benefit and/or burden of the NVSPAYG without the prior written consent of the other.

9.3. The NVSPAYG shall be governed by the laws of England and the Parties submit to the exclusive jurisdiction of the Courts of England in respect of any disputes, actions or other proceedings arising under or relating to it. If any dispute arises out of the NVSPAYG the Parties will attempt in good faith to negotiate a settlement.

9.4. Nothing in this NVSPAYG is intended to or shall operate to create a partnership or joint venture of any kind between the Parties, or to authorise either Party to act as agent for the other, and neither Party shall have authority to act in the name or on behalf of, or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

9.5. We will not be liable for any failure to perform, or delay in the performance of, any of our obligations under the NVSPAYG that is caused by any act or event beyond our reasonable control.

9.6. Each Party shall keep secret and treat as confidential all information obtained from the other which is either stated to be confidential or could reasonably be regarded as confidential and shall not disclose such information to any person other than its employees, agents or sub-contractors where such disclosure is required for the performance of the Party’s obligations under the NVSPAYG. Save as to permit disclosure of confidential information where required by operation of law. This Clause shall not extend to information which was already in the lawful possession of a Party prior to the NVSPAYG or which is already public knowledge or becomes so subsequently (other than as a result of a breach of this Clause) or which is trivial or obvious. The obligations of confidentiality under this Clause shall survive any termination of the NVSPAYG.

9.7. You undertake, warrant and represent to us that your registration and request for Services represents a binding commitment on you in the capacity of a business not a consumer.

9.8. Should your use of the Website to purchase Services from us reach a volume determined by us or should you require additional services not offered on the Website, we may invite you to become a fully implemented contract client of National Vetting Solutions UK Ltd.

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