Terms and Conditions

1. Definitions

a) Some words and phrases used in these Terms and Conditions have special meanings. These meanings are set out below.

“Application Information” means information the Client receives from potential job applicants or current employees, and that is given to CVI so that it can perform the Services.

“Charges” means the fees the Client pays for the Services. These are CVI’s published standard rates (unless otherwise agreed by CVI in writing).

“Client” means the person, firm or company that CVI accepts as an account holder for the Services.

“CVI” means CV Insight Ltd (registered number 5946060). Registered office: 1 Old London Road, St Albans, Herts, AL1 1QE, UK.

“Information” means the results, reports and the information that CVI gives the Client, including any information that does not directly relate to the Services.

“Pricing Schedule”; means the schedule attached to these Terms and Conditions, or any other schedule agreed by the Client and CVI, which contains details of the Client’s use of the Services and refers to these Terms and Conditions.

“Services” means the candidate verifier services CVI provides to the Client.

“Website” means the website at www.cvinsight.co.uk or another website through which CVI delivers the Services.

b) The headings used in these Terms and Conditions are for convenience only and do not affect these Terms and Conditions.

2. Formation of Contract

The Client’s order, as set out in the Order Form, constitutes an offer by the Client to purchase the Services specified in these Terms and Conditions. No offer placed by the Client shall be accepted by CVI other than by written acknowledgement issued and executed by CVI or (if earlier) by CVI starting to provide the Services, when a contract for the supply and purchase of those Services on these Terms and Conditions will be established.

3. Commencement and Duration

No contract subsists until CVI accepts the Client’s order. CVI may choose not to accept the Client’s order for any reason. CVI reserves the right to withdraw any goods/services at any time. All prices are subject to change at any time prior to a contract being entered into and are subject to change without notice. CVI will not be liable to the Client or anyone else for refusing to accept an order, withdrawing any goods/services or changing any prices. CVI retains the right to revoke the Client’s right to continued use of the Services at its discretion.

4. CVI Obligations

a) CVI shall use reasonable action to provide the Services in accordance to all material respects within the Order Form.

b) CVI shall use reasonable action to meet any performance dates (if any) specified in the Order Form, but any such dates shall be estimates only.

5. Client Obligations

The Client shall co-operate with CVI in all matters relating to the Services:

a) Provide, in a timely manner, such Client Information as CVI may request and ensure that it is accurate in all material respects;

b) Obtain and maintain all necessary licenses and consents and comply with all relevant legislation in relation to the Services and the use of the Client Information and the Report Information.

c) If CVI’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Client, its agents, sub-contractors or employees, CVI shall not be liable for any costs, charges or losses sustained or incurred by the Client arising directly or indirectly from such prevention or delay.

d) The Client shall not, without the prior written consent of CVI, at any time from the date of the Contract to the expiry of [six] months after the last date of supply of the Services, solicit or entice away from CVI or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of CVI in the provision of the Services.

6. Charges and Payment

a) Full payment is required in advance with all orders unless a genuine credit account has been set up. CVI reserves the right to allow time for bank clearance for payments made by cheque. In general this would only apply where there have been previous problems with payment.

b) 100% of the Service price is payable in full within 30 days of the date on which the Client receives CVI’s invoice or by direct debit to CVI’s chosen bank account (as set out in the application form), unless the Pricing Schedule says otherwise.

c) All costs incurred by CVI from third parties to release information to form part of the Service will be passed on to the Client at cost.

d) Without prejudice to any other right or remedy that it may have, if the Client fails to make payment on CVI’s due date, CVI may:

Charge interest on any overdue such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of HSBC Bank Plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and CVI may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and

suspend all Services until payment has been made in full.

e) Time for payment shall be of the essence of the Contract.

f) Payment of all outstanding sums will be payable to CVI under the Contract and shall become due immediately on its termination, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.

g) CVI may, without prejudice to any other rights it may have, set off any liability of the Client to CVI against any liability of CVI to the Client.

h) Once an order has been accepted by CVI, it is not possible to cancel it. That is to say, CVI is not able to grant refunds for orders which have been accepted and for which service has commenced. Specific items which are not prepared until a completed order is ‘dispatched’ may be cancelled whilst an order is still in progress and before they have been prepared. However, this is subject to a £10 administration charge.

i) All amounts payable to CVI do not include Value Added Tax (VAT) or any other charge which will be charged at the rate that applies at that time.

7. Intellectual Property and Other Property Rights

The copyright, database or other similar rights on this Website and its information and content, belongs to CVI. The Client may make hard copies of the information for personal or internal business use only, but must not remove any trademark, copyright and other proprietary notices from any material downloaded. Otherwise, the Client may not reproduce, distribute or transmit to any other person, or incorporate in any way into any document or other material, the information and content of the Website without prior written approval of CVI.

Except where provided or directed on the Website, the Client must not modify or reproduce or publicly display any material, or transfer it to anyone else unless the Client agrees to accept and act in accordance with these Terms and Conditions.

8. Confidentiality

a) The Client shall keep in strict confidence all information of a confidential nature concerning CVI’s business or its services which the Client may obtain. The Client shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Client’s obligations to CVI, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Client.

b) This condition 8 shall survive termination of the Contract, however arising.

9. Security

a) You must follow any rules and guidelines that apply to the way in which we provide the services. We will make sure that the information is secure.

b) Each user will be given an individual identification, which we call ‘User ID’. 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.

c) We refer to account numbers, identification codes and passwords (including the User ID) used to access the services as ‘Client ID’.

d) You are responsible for making sure that you keep your Client ID secure. We will not be responsible for any losses arising from anyone using your Client ID, whether authorised by you or not. We can give you a new Client ID at any time. Any new Client ID will apply 24 hours after we give you the new Client ID.

e) You also agree that you will:
maintain appropriate technical and organisational security measures and procedures to prevent your Client ID being accidentally given to or used by unauthorised people;

tell us as soon as you become aware that anyone has found out or used your Client ID without your permission, or if any equipment you use to access the services is stolen; and

be responsible for all charges connected to the Client ID, whether or not you agree to these charges.

f) We may cancel or suspend your use of the Client ID 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 your Client ID (either by you or by someone else), or that any equipment you use to access the services has been stolen.

10. Liability

a) CVI uses all reasonable skill and care to provide the Services. However, the Client agrees that it is reasonable for CVI to limit its liability.

b) CVI is not liable for any loss of earnings, profits, savings or business or personal opportunities or for any other loss that is consequential on any alleged breach of duty by CVI.

c) CVI acts on the information supplied by the Client and by referees in providing services. CVI is not liable for any losses, claims, expenses, damages or liabilities that the Client may endure as a result of any inaccuracy in, or omission from, information supplied by the Client or by referees or for the consequence of its reliance on that information as being true, complete and fair.

d) The obligation of CVI is limited to requesting verification from referees of facts comprised in CVs to the extent it has agreed to do so and reporting on the outcome of such requests. CVI cannot guarantee, represent or warrant that those facts or the answers or comments of referees are or will be current, complete, true, accurate, balanced or fair, irrespective of the response received (if any) or of the contents of its report and is not responsible for them.

e) Whilst CVI sends requests and enquiries to referees using information, names and contact details supplied by the Client, CVI is not obliged to verify that information or the identity, contact details or status of referees whom it contacts and is not liable for the fraud, dishonesty, forgery, misrepresentation or impersonation of or by any persons whom it contacts, or from whom it receives a response, or any other person.

f) All information has been obtained from third parties and is presented in good faith; no responsibility can be accepted in respect of errors by third parties. This verification in no way seeks to comment as to the suitability or otherwise of the subject for any employment. No guarantee can be given that a reply will be forthcoming from any reference contact source however sought.

11. Application Information

The Client grants CVI a royalty-free, non-transferable, continuous license to use the Application Information. CVI can use the Application Information to improve the databases CVI uses to provide the Services and any other databases, including those CVI uses to provide similar services and other risk and fraud-prevention services to others.

12. Data Protection

CVI and the Client shall comply with the Data Protection Act 1998 and all other regulations and requirements relating to data protection in connection with the Services and the use of the Report Information. To the extent so required by law, the Client shall obtain all necessary permissions from data subjects in relation to the Services in such form as CVI may require.

13. Termination

a) CVI may terminate the agreement to supply the Services at any time and without notice if it is breached in any way. The Client may terminate the Services at any time by giving CVI not less than three working days written notice.

b) In the event of termination of the agreement or services in any circumstances:

i) The Client must pay to CVI all fees and charges that have fallen due and return (or, at CVI’s election, permanently destroy or delete) all reports, documents, information, copies and records provided under the agreement, including any in hard or readable electronic or magnetic form, and

ii) The Client’s accrued obligations to CVI and its remedies, are otherwise unaffected by termination of the agreement or services as above or by any time, indulgence or waiver given by CVI.

14. Force Majeure

CVI shall have no liability to the Client under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control including where information required to provide the Services is unavailable.

15. Jurisdiction/Governing Law

These Terms and Conditions are governed by and interpreted in accordance with the Laws of England and Wales. The Client agrees that only the English Courts will have jurisdiction in any dispute arising from the use of the Website. If any provision in these Terms and Conditions is found to be unlawful, void or unenforceable for any other reason, that provision will be considered severable from the remaining provisions and will not affect their validity and enforceability

16. Indemnity

The Client agrees to fully indemnify, defend and hold CVI, and its officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, reasonable losses, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by the Client or other liabilities arising out of the Client’s use of CVI’s services and its Website.

17. Variation

No variation of the Contract or these Terms and Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties.

18. Waiver

a) A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

19. Severance

Each provision of these Terms and Conditions shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part. This is subject only to the provision that where a particular term(s) is/are declared void, under the Unfair Terms in Consumer Contracts Regulations 1999, the contract will only continue to bind the parties if it is capable of continuing in existence without the unfair term(s).

20. Third Party Rights

Only the Client and CVI have legal rights under these Terms and Conditions. Under the Contract (Rights of Third Parties) Act 1999, no-one else will be able to enforce any part of these Terms and Conditions.

21. Notice

a) All notices must be in writing and sent by recorded-delivery post, fax or e-mail. If CVI writes to you, CVI will use the address, fax number or e-mail addresses that the Client gives in their application to receive the Services. The Client can write to CVI at the address shown on the website.

b) All notices are considered to have been received:

Two working days after being posted if posted to the correct address;

One hour after being sent if sent by fax to the correct fax number;

One hour after the person it is addressed to starts work if sent by fax outside their normal working hours; and

When a receipt notice is received if sent by e-mail to the correct e-mail address.

22. Changes to Terms and Conditions.

CVI reserves the right to change these Terms and Conditions at any time and without notice, and the Client’s continued use of the Services following any change shall be deemed to be the Client’s acceptance of such change. Whilst visiting the Website the Client agrees to be bound by the current Terms and Conditions and should always check them each time the Client revisits the site. If the Client does not agree with any change to the Terms and Conditions the Client must immediately stop using the Services.