Terms and Conditions
1.APPLICATION OF CONDITIONS
1.1.These terms and conditions shall apply to and govern the provision of reports ('Reports') by CV Check Limited ('CVC') (Company Registration Number 3344117 – Registered office 89 New Bond Street, London, W1S 1DA) to its clients (each a 'Client'), and shall prevail over any inconsistent terms or conditions contained or referred to in any purchase order, confirmation of order, acceptance of quotation, or specification or offer document (whether written, electronic or any other form) supplied by any person, firm or company who seeks to purchase services from CVC, or implied by trade, custom, practice or connect dealing.
1.2.No instructions by a Client shall be deemed to be accepted unless confirmed in writing by CVC. The Client shall be responsible for ensuring the accuracy of those instructions.
2.1.CVC shall prepare and provide to the Client Report(s) relating to written information provided by a candidate making a job application to or via the Client. Whilst CVC will endeavor to ensure the accuracy of all information, the client acknowledges that all information has been supplied from third parties, and therefore CVC cannot be held to be liable for any acts of fraud or innocent mistakes by any candidate or other third party. Accordingly, CVC does not warrant that the Reports are true, accurate or complete.
2.2.CVC will take all reasonable steps to verify information supplied to it but certain information may not be able to be verified. Clients should note that it may not be possible to verify any information relating to candidates service within HM Armed Forces or the intelligence services of HM Government.
2.3.The Clients must draw their own conclusions from any failure to verify information, particularly when a large part of the candidate’s record can not be verified.
2.4.At no time will CVC pass judgment on a candidate's suitability for employment by the Client. All opinions expressed will relate solely to the likely validity of the information supplied by the candidate and/or a third party.
2.5.THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
2.5.1.This condition 2.5 sets out the entire financial liability of CVC (including any liability for the acts or omissions of its employees, agents consultants and subcontractors) to a client in respect of:
a)any breach of contract;
b)any use made by the Client of any service rendered by CVC; and
c)any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the services rendered by CVC to the Client.
2.5.2.All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded, providing that nothing in these Terms and Conditions limits or excludes the liability of CVC for:
a)death or personal injury arising from negligence; or
b)for damage or liability incurred by a Client as a result of fraud or fraudulent misrepresentation by CVC.
2.5.3.Subject to the provisions of clause 2.5.2, CVC shall not be liable for loss of profits, loss of business, depletion of goodwill (and/or similar losses), loss of anticipated savings, loss of goods, loss of contract, loss of use of any special interest, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs damages, charges of expenses.
2.5.4.CVC's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance of services to any Client shall be limited to the price paid for the services.
2.6.Each provision of this sub-clause is to be construed as a separate limitation (applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable in any circumstances) and shall remain in force not withstanding the termination of this contract.
2.7.The Client hereby agrees to indemnify CVC against all actions, proceedings, claims or demands in any way connected with the services provided by CVC brought or threatened against CVC by a third party, except to the extent that CVC is liable to the Client for any act as set out within sub-clause 2.5.2.
3.CHARGES AND PAYMENT
3.1.CVC fees will become due and payable upon receipt of the instructions from the client and payment must be settled in full and in cleared funds within 28 days of the invoice to a bank account nominated in writing by CVC.
3.2.CVC reserves the right to charge interest at the rate of 4% above the base lending rate from time to time of the Bank of England accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement, and the client shall pay the interest immediately on demand. CVC may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and suspend all services until payment has been made in full.
3.3.CVC will review its fees annually on the 1st January, all fee changes shall be communicated to the client.
4.CONFIDENTIALITY AND DATA PROTECTION
4.1.All information relating to services provided by CVC is held on file by CVC and made available for inspection by the Client on receipt of reasonable notice.
4.2.CVC are registered with the Information Commissioner’s Office Data Protection Registration Number Z4788364 and adhere to the relevant legislation and guidance of the Data Protection Act 1998 (DPA) and all amendments to the Act.
41.3.All personal information gathered is securely stored, and CVC shall not use any personal information for any other purpose after that to provide the service of pre-employment screening services to the Client.
4.4.Personal information is destroyed in line with DPA principles once the requirement to access it has expired.
5.1.Any report provided to the client is for their use only. The Client shall not be entitled to assign the benefit of, nor pass any information contained within the Report to a third party without the prior written consent of CVC.
5.2.Neither party shall be liable for delay in performing or failure to perform its obligations under the contract if the delay or failure results from events or circumstances beyond its reasonable control.
5.3.CVC may from time to time and without notice, change the services to be provided to the Client in order to comply with any applicable statutory requirements provided that such changes do not materially affect the nature, scopes or charges of the services.
5.4.If any provision of these Terms and Conditions (or any part of any provision) is found by any Court or authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
5.5.These Terms and Conditions constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
5.6.Each party acknowledges that in entering into these Terms and Conditions it is not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) as provided in these Terms and Conditions.
5.7.These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales, and the Client hereby agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.