Terms and Conditions of Service

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Please read these terms and conditions. They are binding upon all customers and govern the supply of all Risk Management Services (as defined below) by Check Search. All customers are reminded that, in particular, any breach of clauses 1 below can have serious consequences. In addition Check Search specially draws the attention of all customers to Clause 6 below which limits Check Searches liability under these terms and conditions.

1. Scope

(A) Information furnished by Check Search is supplied in strict confidence for the customer’s internal business use only.
a.) The customer is warned that all information supplied by Check Search should only be used as a factor to assist in the making of a business decision and should not be used as the sole basis for any such decision.
b.) The customer warrants unreservedly not to transmit or otherwise reveal such information to any person or persons not expressly employed in the customer’s business.
c.) The customer will not :-
Ask for the information knowingly for the use of others:
Wilfully or negligently permit such requests to be made by others.
d.) The customer shall notify its employees and any other persons who come or may come into contact with the information of the restrictions contained in these terms and conditions.
(B)
a.) In respect of the provisions of Collection Services only:-
   (i) Collection Services are available only in relation to overdue debts owing to the customer for which the customer has all the necessary supporting documents to prove the existence of such debts. The customer shall not request Check Search to undertake collection services in relation to any party other than those carrying on a business in relation to which the debt arose at the date of placement with Check Search for collection.
   (ii) Check Search may make collection and shall be entitled to instruct any lawyers or agents necessary to collect any debts. If the customer does not designate a lawyer or agents, Check Search is hereby authorised to select any lawyers or agents forwarding such debts to them. The customer shall be free at all times to communicate with such lawyers or agents, and the customer acknowledges that such lawyers or agents are not employed by Check Search but are the customers lawyers or agents. Legal proceedings shall only be required to be initiated by the lawyers on the advance express written instructions of the customer.
   (iii) Check Search and the lawyers or agents appointed on behalf of the customer are authorised by and on behalf of the customer to collect payments, issue receipts in relation thereto, and deduct therefrom and retain and account for any charges owing and due to Check Search and said agents and lawyers.
b.) Debts paid after the expire or termination of this Agreement or paid direct to the customer from whatever source, shall be subject to the Collection Charges for any services performed up to the time Check Search is advised in writing by the customer of the payment. Any goods or services accepted by the customer in lieu of payment for a debt shall be subject to the Collection Charges calculated on the amount by which the debtors account is credited for such goods, services or moneys.
c.) In the event that the customer receives direct payment or settlement of a debt, or if the customer desires to withdraw the debt, then the customer will forthwith notify Check Search in writing of such payment, settlement or desire. If the customer withdraws a debt placed with Check Search for collection prior to Check Search recommending termination of collection charge, then the customer shall pay a service fee equal to the minimum collection charge.
d.) Check Search’s legal insurance scheme where Check Search acts merely as an intermediary and not as an underwriter covers certain of the customer’s costs and expenses incurred in collecting certain debts. This service which is underwritten by the Legal Protection Group Limited, is subject to exclusions, terms and conditions set out in Check Search’s literature for the Legal Insurance Scheme and such exclusions, terms and conditions are incorporated into these Terms and Conditions. Cover is only valid after the Collection Service Subscription has been paid and continues until the expire or termination of this Agreement according to the policy as detailed in the Certificate of Insurance, which will be supplied to the customer.
e.) The provision of Collection Service shall be for the Contract Period only and time shall not be of the essence for Check Search’s performance of any of its obligations under this agreement.

2. Payment

A.) In respect of Collection Services only: -
   (i) The customer shall pay Check Search the Collection Charges together with any fees and other expenses incurred by Check Search or any lawyers and agents appointed by Check Search upon collection of the debt in accordance with Clause 2B on or before the 30th day after the date of Check Search’s invoice. Unless otherwise expressly stated in writing payment shall be due on or before the 30th day after the invoicing.
   (ii) Check Search shall be entitled to increase the Collection Charges set out in Check Search’s Tariff Schedule for collection services from time to time in which case, the Customer shall have the option of terminating this Agreement on payment of all sums outstanding to Check Search.
   (iii) Check Search may, in it’s absolute discretion, where a customer has failed to pay it’s Annual subscription, supply the information to that customer and the customer hereby agrees in such event that all such supplies shall be governed solely upon these terms and conditions
B.) 30 Days Credit Accounts: -
a.) Where Check Search consents to the customer being invoiced by a Credit Account or paying by instalments for information, which consent Check Search may withdraw at any time, invoices will be issued weekly in respect of charges arising in respect of the previous week. Unless otherwise expressly stated on Check Search’s invoice, the customer will pay to Check Search all sums due under this agreement on or before the 30th day after the date of invoice (due Date). The time of any payment by the customer under this agreement shall be of the essence of any agreement.
b.) Without prejudice to any other rights, failure to make any payment due will entitle Check Search at it’s sole discretion to refuse to supply any further information and a charge of 2½% will be added monthly or we will cancel this agreement or any other agreement with the customer either in whole or in part or require all outstanding instalments to be due and payable by notice in writing to the customer and without incurring any liability to the customer for any loss caused by such a delay or cancellation.
4.Trial Order
Without prejudice to the terms and conditions herein, trial orders may be arranged on agreed terms.
5. Termination
a.) Without prejudice to these terms and conditions, Check Search may terminate this agreement at any time with or without notice in which case Check Search will refund to the customer a sum equivalent to any unused part of the annual subscription.
b.) The customer may terminate this agreement on 30 days prior written notice
c.) Any termination of this agreement (howsoever occasioned shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination.
6. Liability
a.) Whilst Check Search attempts to ensure that the information provided is accurate and complete, by reason of the immense quantity of detailed matter dealt with in compiling the information and the fact that the data is supplied from sources not controlled by Check Search which cannot always be verified, as well as the possibility of negligence or mistake, Check Search cannot guarantee the correctness or the effective delivery of the information and will not be held responsible for any errors or omissions.
b.) The following provisions set out Check Search’s entire liability (including any liability for the acts and omissions of it’s employees, officers, agents and sub-contractors or lawyers or other agents appointed by Check Search on behalf of the customer) to the customer in respect of any breach of its contractual obligations any representation, statement or tortuous act or omissions arising under or in connection with this agreement. AND THE CUSTOMERS ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE CLAUSE.
c.) Any liability on the part of Check Search falling within clause 6(b) above shall for the purpose of the clause 6 be known as an event of default.
d.) Check Search’s liability to the customer shall not be limited for:
    (i) Death or personal injury.
    (ii) All damage suffered by the customer as a result of the implied statutory undertakings as to title quiet possession and freedom from encumbrances to the extent the same cannot be excluded.
e.) Subject to clause 6(d) above Check Search shall not be liable to the customer in respect of any event of default for loss of profits, goodwill or any type of special, indirect or consequential loss (including but not limited to loss or damage suffered by the customer as a result of an action brought by a third party even if such loss was reasonably foreseeable or Check Search had been advised of the possibility of the customer incurring the same.
f.) Except in the case of an event of default arising under clause 6(d) above Check Search shall have no liability to the customer in respect of any event of default unless the customer shall have served notice of the same upon Check Search within 30 days of the date it became aware of the circumstances giving rise to the event of default or the date when it ought reasonably to have become so aware.
g.) Nothing in this clause 6 shall confer any right or remedy upon the customer to which it would not otherwise be legally entitled.
h.) The customer hereby agrees not to sue Check Search for any amount higher than £5000.00

Indemnity
The customer shall indemnify Check Search on a full and unqualified basis or it’s officers, agents and employees in respect of any loss or damage whatsoever (including costs and any necessary payments made in order to settle or compromise any claim.) which it or they may suffer or incur directly or indirectly from any breach of these terms and conditions by the customer or by the customer’s employees or agents or by any other party acting through or with the customer including without prejudice to the generality of the foregoing costs relating to, the act and omission of lawyers or agents appointed on behalf of customers pursuant to Clause 1B.

Data Protection
The customer agrees to comply with any applicable privacy, data protection or other requirement imposed by foreign or domestic law or which would be applicable in the country in which the business entity or person to whom the information relates resides or is based, or if unable to comply to refuse the information subject to foreign or domestic law.

Authorisation
1/We hereby acknowledge that I/we have read and fully understand the conditions of service set out above which solely govern the provision of all service supplied by Check Search and I/we agree to be bound by them. In addition I/we have read and understood clause 1 and 6 of the conditions of service and I/we agree to be bound by such terms.