Terms of Service
1. About us
1.1 Capita Resourcing Limited, trading as Security Watchdog (company number 03949686) is a company registered in England and Wales and our registered office is at 30 Berners Street, London, W1T 3AB (we and us).
1.2 To contact us telephone our Customer Service Team at 01420 593830 or e-mail email@example.com
2. Our contract with you
2.1 These terms and conditions (Terms) apply to the supply of online pre-employment screening services (Services) by us to you (Contract).
3. Orders placed by you and the duration of our contract
3.1 Orders for Services placed by you on our website are subject to our acceptance. We may reject an order for any reason in our absolute discretion. All rejected orders will be promptly refunded.
3.2 If we accept your order, you will receive an acknowledgement of your order by email.
3.3 Your entitlement to receive the Services starts when we have received full payment of the Charges for the Services and sent you a confirmatory email of your order providing you with a customer login link to our Website. Your entitlement to receive the Services continues until the earlier of the completion of the Services or the Contract is terminated in accordance with these Terms.
4. Our Services
4.1 We will provide the Services using reasonable care and skill in accordance with these Terms. Your use of the Services is subject to these Terms.
4.2 We will supply the Services to you in accordance with the relevant service description appearing on the Website at the time of your order.
4.3 Subject to you complying with your obligations under clause 5, we will use reasonable endeavours to provide you with the Services within the timescales published on our Website at the time of your order.
4.4 The Services only cover screening and vetting activities which are undertaken in the United Kingdom.
4.5 We can stop providing the Services at any time if the information we need to provide the Services is unavailable. In these circumstances we will refund any advance payments you have made in respect of Services that have not been provided.
5. Your obligations
5.1 It is your responsibility to ensure that on each occasion of using our Services:
(a) the terms of your order are complete and accurate;
(b) you co-operate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) you will obtain and provide us with a copy of a candidate’s written consent to the screening and vetting activities to be undertaken as part of the Services (“Declaration of Consent”). Without this Declaration of Consent we are unable to undertake any of the Services.
(e) a candidate provides us with the requested candidate information (“Candidate Information”) within 45 days from the date of the e-mail confirming your order If a candidate fails to provide the Candidate Information within the time period specified in this clause then the candidate’s data shall be deleted from our systems. You will not be entitled to a refund if the circumstances in this sub-clause (e) occur.
6.1 Each time you use the Services you will pay be required to pay charges in advance using the online payment portals provided (Charges). The Charges will be our current price for the relevant Services (plus any VAT payable) as set out on the Website at the time of purchase.
7. Intellectual property rights
7.1 All intellectual property rights in or arising out of or in connection with the Services including in the results, reports and the information (Reports) that we give you will be owned by us. You may only make copies of the Reports that you reasonably need for the internal purposes of your business.
7.2 You grant us a royalty-free, non-transferable, perpetual licence to use the Candidate Information to supply the Services to you and to improve the databases we use to provide the Services, and any other databases, including those we use to provide similar services.
8.1 Refunds cannot be provided once we have confirmed the order you have placed on our Website by email. Any refunds will be made at our absolute discretion. This does not affect your statutory rights.
9. How we may use your personal information
9.1 Both of us agree that, in relation to providing and using the Services (as appropriate), we will both comply with the Data Protection Act 2018 (DPA).
9.2 In the conduct of the Services we will be a data processor, and you will be a data controller for the purposes of the DPA.
9.3 Further details of how we will process personal information are set out by clicking on this link .
10. Limitation of liability
10.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2 Subject to clause 10.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: loss of profits, loss of sales or business, loss of agreements or contract, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill, and any indirect or consequential loss.
10.3 Subject to clause 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid under the Contract.
10.4 We expressly exclude all liability for the content or accuracy of the information that we receive or provide to you in the course of the Services.
10.5 We will not be liable if for any reason our Website is unavailable at any time or for any period.
10.6 This clause will survive termination of the Contract.
11.1 We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 11.2.
11.2 We each may disclose the other's confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 11; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
12.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
13. Termination rights
13.1 We will be entitled to suspend your entitlement to receive the Services or terminate this Contract at any time.
13.2 We will fulfill any orders for Services received by you prior to the termination or suspension (unless the reason for this is that we suspect that the Services are being used fraudulently or for the purposes of fraud).
13.3 Termination of this Contract will not affect:
(a) any other rights either you or we gained before this Contract was terminated; or
(b) any Terms that are to survive or are intended to survive after the Contract has been terminated.
14.1 The Contract is the entire agreement between you and us in relation to its subject matter.
14.2 We reserve the right to make changes to these Terms from time to time, and, if we do so, will post any such changes on the Website. Your continued use of the Website after such changes constitutes your acceptance of those changes.
14.3 If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations.
14.4 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 The Contract is between you and us. No other person has any rights to enforce any of its terms.
14.6 The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.