Terms and Conditions
 

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Version 1.4 : Updated 01/08/2014

Know Your Candidate Ltd (the Company) is a Company incorporated in England and Wales under Company Number 06872627 and whose Registered Office is situate at 2nd Floor Orbit House, Albert Street, Eccles, Manchester, M30 0BL

1. Definitions
"Candidate" means any individual about whom Information is required by the Customer.
"Company" means Know Your Candidate Ltd.
"Customer" means any organisation that is registered to use the Site and the Services provided by the Company.
"Customer Account" means the account of the Customer showing the purchase history of the Customer.
"Customer Registration" means the registration of a Customer and the right to use the site for the purpose of the Services.
"Designated Main User" means the individual designated by the Customer and notified to the Company to be the contact with the Company and to run the account.
"DPA" means the Data Protection Act 1998 and any subordinate legislation having effect in England.
"End User" means any organisation to which information is passed to by the Customer only with the express prior written consent of the Company and the Candidate.
"Fee" means the sums payable by the Customer for the provision of services by the Company.
"Information" means the results, reports and information that we give you, including any information that does not directly relate to the Services.
"Permitted Purpose" means the internal use only of the information by the Customer, or for such other purposes as may be permitted with the express written consent of the Candidate and the Company.
"Services" means the provision of employment vetting services and includes the provision of Information by the Company to a Customer in respect of a Candidate for whom the Customer is considering employing or already employs.
"Site" means the website of the Company and all its contents, found at www.knowyourcandidate.co.uk
"Terms and Conditions" means the Terms and Conditions of use applicable to the Services provided by the Company via the site and applicable to all Customers.
"Third Party" means the referees, organisations or parties from whom information is obtained for the purposes of providing the Services.

2. General
2.1 These are the Terms and Conditions applicable to the Services provided by the Company.
2.2 In order to use the Services it is necessary for you to register as a Customer and by accessing the Site, using the Services or by registering as a Customer, you agree that you have read these Terms and Conditions, you understand these Terms and Conditions and that you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the site.
2.3 These Terms and Conditions apply to all of the Services provided by the Company and override all previous agreements and representations made between the Company and any Customer.

3. Registration
3.1 Any organisation must register as a Customer of the Company by going through the registration process set out on the Site. No request for Information or orders for the Services will be considered or accepted until such time as a confirmatory e-mail has been sent by the Company to the Customer confirming registration. Individuals cannot register as Customers.
3.2 A valid registration application requires the Customer to enter their organisation’s name, trading address, main phone number, website address and where applicable a company registration number and valid DPA number. In addition the Customer must also provide the contact details including a valid email address of the employee who will be the Designated Main User of the Services. Failure to provide any of the required information will render any application for registration null and void and will prevent a Customer ordering or requesting any Information.
3.3 All customers will be provided with a username and password (User ID) and these will confirmed by the Company to each customer upon receipt of a successful registration application. To complete the registration process customers must then choose a secret question and answer.
3.4 The Designated Main User of the site for each Customer shall be permitted to create additional user accounts for additional employees of the Customer to use the Services with the Company providing additional User ID’s as appropriate.
3.5 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.
3.6 The Customer will be required to enter a password in order to manage their Customer Account and Customers are required to keep their password confidential and the Company accepts no responsibility or liability for the use of a Customer Account by any unauthorised party. Customers are required to fulfil all contractual and purchase obligations on all transactions relating to their Customer account, whether or not such transactions were authorised by the Customer.
3.7 The Company reserves the right to refuse any application for registration without providing any reason for the same and the Company reserves the right to withdraw the provision of Services and/or Information to any Customer if the Company or for any reason whatsoever believes that the Customer is in breach of any of these Terms and Conditions. The Company will notify the Customer of any suspension or termination of Customer Registration within 48 hours of such suspension or termination.

4. Services
4.1 All Customers must have the consent of the Candidate to conduct any type of background check in relation to that Candidate via the Services that are provided. No liability shall attach to the Company in the event that the warranty that the Customer gives to the Company that such consent exists is incorrect and the Customer hereby indemnifies the Company in respect of all costs, expenses and losses that may be incurred by the Company in this regard.
4.2 Where the consent to perform background checks is gained using the electronic signing feature within the Site the Customer warrants that the email address provided for the Candidate to receive the signing request genuinely belongs to the candidate.
4.3 The provision of the electronic signing feature to each Customer or for any particular type of background check is at the discretion of the Company and can be withdrawn at any time.
4.4 The Company retains the right to request sight of copies of the written consent of the Candidate to the obtaining of Information via the Services and the Customer hereby consents to the Company contacting the Candidate, if required, to obtain confirmation that consent has been validly obtained.
4.5 The Company reserves the right to decline to provide the Services or Information to any Customer in the event that the Company, in its sole discretion and judgment, believes that the request for information or the Services is not bona fide and the Customer hereby warrants that the Services and Information provided shall only be used for the purposes of employment related vetting and for no other purpose and shall indemnify the Company in respect of any losses, damages, costs or penalties incurred by the Company as a result of any unauthorised use of the Services and Information.
4.6 The Company will provide the Services based upon the information given by the Customer or the Candidate to the Company. The Customer is responsible for the validity and accuracy of all information provided by the Customer or the Candidate to the Company and no liability shall attach to the Company in the event that it is found that the information supplied by the Customer or the Candidate to the Company was incorrect or inaccurate.
4.7 A request for information or the provision of the Services shall not be deemed to have been accepted by the Company until such time as the Company changes the status of the request in the candidate tracker within the Site to ‘In Progress’. The provision of a receipt on submission of any information request is not confirmation that the information request has been accepted.
4.8 The price payable for the provision of the Services and Information will be the prevailing price listed as is set out in detail in the price list of the Company on the Site www.knowyourcandidate.co.uk/pricing-for-employment-screening-checks.cfm. VAT (where applicable) will be applied at the prevailing rate.
4.9 In certain circumstances Third Parties will charge additional fees for providing validation of certain qualifications and professional memberships of Candidates and the Company shall obtain the Customer’s prior consent to incur such additional charges, save that such Services and Information will not be provided by the Company to the Customer until the Customer has agreed in writing to be responsible for all relevant fees.
4.10 The Company reserves the right to alter the prevailing price list and any applicable discounts or offers without notice to any Customer until such time as the Company has accepted a request for Information or for the provision of Services, notwithstanding the provisions of clause 4.7 above.
4.11 The Company shall remove all Candidate Information from the Customer Account 90 days after the information has first been made available to the Customer. A copy of the Candidate Information shall then be retained for an additional 90 days in an archive. After 180 days have elapsed the Candidate Information will be deleted permanently and an additional Fee shall be payable by the Customer to obtain such Information again.
4.12 In the provision of Information relating to employment references, character references, qualification checks and professional membership checks the Company cannot determine the format and content of the Information the referee or institution will provide. The Company shall provide the Customer with the information provided by the referee or institution and shall not be under any obligation to provide any additional information or within a specific format.
4.13 The Company shall use reasonable endeavours to obtain the Information relating to employment references, character references and the verification of academic qualifications and professional memberships / qualifications and shall contact the Third Party on five separate occasions for the purposes of obtaining such Information. The Information shall be deemed unobtainable with the full Fee being payable if the Third Party does not respond to the five contact attempts.
4.14 A further Fee shall be payable by the Customer to the Company in the event that Information is unobtainable and the Customer requests further Information be obtained or further Services be provided, the Company shall be under no obligation to transfer fees to other requests for information, provide further checks without charge or to issue any form of credit to a Customer.
4.15 The Company will only provide the Candidate Information in the format of a PDF report to be downloaded by the Customer from the Customer Account. The Company will not provide hard copies or originals of any Candidate Information such as reports or certificates and nor will it provide Information via email, fax or any other means.
4.16 In respect of employment references, qualifications checks and professional membership checks the Company will select the most appropriate source from which to obtain the Information, which may be different to the source provided by the Customer or the Candidate.
4.17 It remains the Customers responsibility to chase the Candidate for outstanding application information, supporting documents and the consent declaration regardless of whether this information was originally requested using the candidate data entry or electronic signing request features within the Company website.
4.18 Where the Information required for a Candidate consists of several different background checks which are completed in differing time frames the Company shall not be required to provide the Information until all background checks are completed. Interim Information will be provided at the sole discretion of the Company.
4.19 The territories in which each background check can be provided by the Company will be displayed on the Site and as such the Company reserves the right to reject any request for Information where the candidate’s nationality or current address means the Services cannot be provided. The fee for the relevant background checks where this occurs will be refunded net of credit card processing fees.

5. Payment
5.1 The Customer shall pay to the Company the Fee that is applicable to the specific Services and Information provided by the Company to the Customer in accordance with the current pricing structure of the Company by way of a Credit Card payment or such other payments as shall be agreed between the Customer and the Company.
5.2 No Services or Information will be provided to the Customer by the Company until such time as the Company receives confirmation from the Credit Card Provider that payment has been authorised and the Company will update the Customer’s account with confirmation of the charges that have been applied to the Customer’s Credit Card.
5.3 Once the Company has confirmed to the Customer that the request for Information has been accepted then the Customer shall not be entitled to any refund on the charges applicable and this shall apply notwithstanding that the Customer may cancel the request for Information via the Services after the Company has provided confirmation that the request has been accepted.
5.4 The Company shall be entitled to charge the Customer in respect of any card processing fees incurred by the Company as a result of any cancellation of the provision of Information for the Services.
5.5 The Company undertakes not to vary the Fee for the Services after the status of the request has been changed to In-progress by the Company in the candidate tracker, save for such additional fees as may be due under the provisions of clause 4.9 above.
5.6 For the provision of certain Services, the Company may require further information from the Customer before the Services can be provided or Information submitted to the Customer and if the Customer fails to provide such additional information within 10 working days from the date of request for further information from the Company to the Customer then the Company shall be permitted to delete the relevant checks where the additional information was not provided and no refund will be given in relation to any payments made in respect of the Information requested. For the purposes of this clause, the 10 working day notice period shall commence from 9 a.m. on the next working day from the date of receipt of the request for information from the Customer by the Company.

6. Limitation of Liability
6.1 The Company does not warrant the accuracy of the Information provided to the Customer and the Services provided and Information provided are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third parties, the accuracy and/or completeness of which will not be possible and/or economically viable for the Company to guarantee or warrant.
6.2 The Company specifically excludes any liability for any inaccuracy, incompleteness or other error in the Services and/or the Information which arises as a result of data provided to the Company by the Customer or any third party and any failure of the Services and/or information to achieve any particular result for the Customer.
6.3 The Customer warrants that in connection with the provision or use of these Services the Customer will comply with all legislation, regulations, and other rules having equivalent force which are applicable to that party, including the DPA.
6.4 All time estimates published on the Site for the completion of the Services are for illustrative purposes only and time shall not be of the essence in relation to any of the obligations on behalf of the Company to provide the Services or Information. The Company relies upon the provision of information from third parties and cannot be held responsible for any delays experienced in obtaining the Information from such parties.
6.5 The Company shall use all reasonable skill and care to provide the Services however, the Customer agrees that it is reasonable for the Company to limit its liability. The Company does not guarantee how accurate the Information is or how valid any advice or opinion given by the Company is and the Company shall not be responsible for any loss which the Customer suffers as a result of a claim made by any candidate about whom Information or Services have been provided by the Company to the Customer.
6.6 All documentation provided by the Company, including but not limited to, the provision of Information through the Services or via the Site, marketing material or the user guide of the Company, are for illustrative purposes only and the Company shall not be liable for any inaccuracies contained therein.
6.7 The Company shall not be liable to the Customer or any Third Party for any of the following in any circumstances whether as a result of negligence or breach of contract or any other liability or obligation:-
  1 Indirect loss.
  2 Loss of profit.
  3 Loss of Business or Business use.
6.8 The liability of Company for any claim (whether in Contract, negligence, breach of statutory duty or under any indemnity or otherwise), shall be limited to the value of the Fee paid by the Customer to the Company for the provision of the Information and Services.
6.9 The Company does not provide any representations, guarantees or conditions that:-
  1 The Services or the Information (or both) are fit for a particular purpose.
  2 The Services or the Information (or both) will not affect anyone else’s intellectual property or
  3 The Services or the Information (or both) will meet the requirements of the Customer.
6.10 Nothing in these Terms and Conditions excludes the Company’s liability for death or personal injury arising out of the Company’s negligence.
6.11 The Customer hereby undertakes to fully indemnify the Company against any Claims, actions or proceedings brought against the Company as a result of the Customer using the Services or the use of the Information or Services provided.
6.12 The Company shall remove all Candidate Information from the Customer Account 90 days after the information has first been made available to the Customer. A copy of the Candidate Information shall then be retained for an additional 90 days in an archive. After 180 days have elapsed the Candidate Information will be deleted permanently and the Company shall not be liable for any losses incurred by the Customer as a result of such Information no longer being available.

7. Confidentiality
7.1 The Customer shall, in respect of the Information for which it is the recipient;
  7.1.1 keep the Information strictly confidential and not disclose any part of such Information to any person except as permitted by the Company;
  7.1.2 take all reasonable steps to prevent unauthorised access to the Information;
7.2 The Customer may disclose the Information to, and allow its use in accordance with these terms, to its employees and officers provided that it shall procure that any party to whom it discloses the Information shall observe the restrictions in this Clause 7;
7.3 The Customer shall not, without the prior written consent of the Company, disclose any Information to the Candidate.

8. Use of Information Services
8.1 The Client agrees that it will:
  8.1.1 Use the Services and/or the Information for the Permitted Purpose only;
  8.1.2 Not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of the Services and/or Information;
  8.1.3 Not (and will not allow any third party to) copy, adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with the Services and/or any Information.
8.2 If the Customer acts as an agent for an End User for the purposes of obtaining information to consider the suitability of individuals for employment with that End User then the Customer shall be permitted to disclose the Information received from the Company provided that the Customer shall have obtained the prior consent of the Candidate for the disclosure of such information to the End User, with such consent to be produced to the Company on demand if requested by the Company. The End User must be made aware that any Information received from the Customer under the provisions of this clause must not be disclosed to any other party without the prior written consent of the Company and the Candidate.

9. Force Majeure
9.1 The Company reserves the right to defer the date of performance of the Services to or cancel any request for the provision of Services and/or Information if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

10. General
10.1 Any notices to be sent by one party to the other in connection with the provision of Services except for the service of Court proceedings shall be in writing and shall be delivered personally or sent by special delivery post (or equivalent service offered by the postal service from time to time) or fax to the addresses of each party as set out on the registration page of the Site or as otherwise notified in accordance with the provisions of this clause.
10.2 Notices shall be deemed to have been duly given; if delivered personally, upon delivery; if sent by post, two clear days after the date of posting; if sent by fax, when transmitted provided that a confirmatory copy is sent by special delivery by the end of the next business day after transmission.
10.3 These Terms and Conditions and all matters arising out of them shall be governed by, and construed in accordance with, the laws of England. The English Courts shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms and Conditions.
10.4 The Company may, without requiring the prior consent of the Client, obtain instruct a Third Party to provide the Company with the Information that makes up the Services with such Information then being passed to the Client.
10.5 The Company may, from time to time, send information to the Client in respect of other services and products that the Company can provide.


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