Terms & Conditions

Criminal Records Services Ltd

DBS DISCLOSURE APPLICATION SERVICE

E-bulk & Paper Applications

INTERPRETATION

In this Agreement, unless the context otherwise requires, the following words and phrases shall have the following meaning:

Service User Form – means the form provided by Criminal Records Services Ltd to the Customer for completion and return with the customer’s full details;

Administration Fee – means the administration fee payable by the Customer as speciﬁed in the initial enquiry reply email;

Agreement – means the Service User Form, the initial enquiry reply email and these Terms and Conditions as updated from time to time;

Applicant – means an individual who is the subject of a Disclosure Application;

Application Fee – means the fee payable by the Customer for each Disclosure Application submitted as speciﬁed in our initial enquiry reply email;

Application Form – means the form which an Applicant must complete for the purposes of a Disclosure Application;

Company Criminal Records Services Ltd (CRS) (company number 5838496) of, Suite 2, Leigh Wharf, Canal Street (Off Twist Lane), Leigh, WN7 4DB

Authorised User – means an employee or agent of the Customer who is the person or one of the people within the Customer’s organisation registered with CRS for access to the Online Account and entitled to request a Disclosure Application be processed;

Code of Practice – means the DBS’ “code of practice for Registered Persons and other recipients of Disclosure information”;

Countersignatory – means the person or people within CRS who are registered with the DBS to electronically countersign Disclosure Applications;

DBS – means the Disclosure & Barring Service and Disclosure Scotland as appropriate;

DBS Fee – means the fee charged by the DBS for processing a Disclosure Application as speciﬁed in our initial enquiry reply email;

Customer – means the person, organisation, Firm or company who purchases or uses the Services;

Data Controller – has the meaning given in the Data Protection Act 1998;

Data Processor – has the meaning given in the Data Protection Act 1998;

Data Protection Legislation – means the Data Protection Act 1998 and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner from time to time;

Disclosure – means the Disclosure result issued by the DBS to the Applicant once a DBS check has been completed;

Disclosure Application – means an application made for a DBS check; “e-Bulk Service” means DBS’s “e-Bulk” interface and service which provides facilities that enable Disclosure Applications to be bulk-submitted electronically and to return information regarding the result of those applications by a similar means;

Exempted Question – means a valid request for a person to reveal their full criminal history (including spent convictions) and is made possible by virtue of the Order;

Fees – means the Administration Fee and DBS Fee as detailed in our initial enquiry reply email;

Group – means in relation to a company to whom a Service User Form is addressed, that company’s subsidiaries, its holding companies and their subsidiaries. “Subsidiary company” and “holding company” have the meaning given in section 1159 of the Companies Act 2006;

Intellectual Property Rights – means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, topography rights, moral rights, rights in conﬁdential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

Online Account – means the Customer-facing element of the System, which is accessed by the Customer using the username and password provided by CRS;

The Order – means the Exceptions Order I975 to the ROA and sets out those occupations and positions exempt from the provisions of the ROA;

Personal Data – means data which relates to a living individual who can be identiﬁed from that data;

Registered Body – means an organisation which has satisﬁed the DBS’s conditions of registration and has registered directly with the DBS to use its services;

ROA – means the Rehabilitation of Offenders Act 1974, under which an ex-offender is not normally obliged to disclose a spent conviction when applying for a job, obtaining insurance or when involved in criminal or civil proceedings;

Initial enquiry reply email – means the document provided to the Customer setting out CRS then current Fees;

Security Policy – means CRS security policy to govern the handling of information contained in an Application or revealed in a Disclosure;

Sensitive Data – means Personal Data consisting of information as to racial or ethnic origin, political opinions, religious or other beliefs of a similar nature, physical or mental health or condition, sexual life, offences or alleged offences;

Services – means the provision by CRS of a service to businesses which are not Registered Bodies themselves to allow such businesses to make online Disclosure Applications through CRS e-Bulk Service arrangement with the DBS, and associated support services, as detailed further in this document, together with any other services which CRS provides or agrees to provide to the Customer;

System – means CRS IT systems and Website;

Umbrella Body – means a Registered Body which is willing to act as an intermediary between an unregistered organisation and the DBS;

VAT – means value added tax chargeable under English law for the time being and any similar additional tax;

Website – means the website located at www.criminalrecordsservices.com

“Working Day” means a day other than Saturday, Sunday and any bank or public holiday.

A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it; any obligation in the Agreement on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done; words importing the singular shall include the plural and vice versa; and a reference to a clause is a reference to a clause of this Agreement.

SERVICES

Criminal Records services Ltd is an Umbrella Body, and during the Term of this Agreement agrees to provide intermediary services to the Customer as detailed below.

During the term of the Agreement, and subject to the Customer complying with its obligations, CRS will:

Use reasonable endeavours to ensure that the Website is available between 9.00am – 5.00pm on any Working Day (other than scheduled maintenance);

Use reasonable endeavours to provide telephone help desk services, including support for Authorised Users, between 9.00am – 4.30pm Monday to Friday;

Subject to Our Terms and Conditions, once the Customer has completed the Application Form in full, quality check and verify the data in the Application Form; and

If the Application Form is correct and ready to be transferred, CRS will transfer the data to the DBS in accordance with the DBS’s requirements, including electronic signature of the form by the Counter signatory;

If the Application Form is incorrect or there are any queries or inconsistencies, seek clarification from the Customer and require the Application Form to be amended or resubmitted as appropriate;

Conﬁrm and update receipt of Disclosure results within the Online Account;

Notify the Customer of any queries received from the DBS via the Online Account;

Receive from the DBS Disclosure results for a Disclosure Application and:

Where the Disclosure is clear (i.e. where no records were found in relation to the Applicant), update the Online Account to enable the Authorised User to view the result;

Use reasonable endeavours to respond to all material faults with the Website within 48 hours of the Customer notifying CRS.

Within a reasonable time following the commencement of this Agreement, CRS will:

Set up the Customer’s Online Account and provide each Authorised User with a username and password to access the Online Account;

Provide telephone-based support and online training to the individuals employed by the Customer and responsible for carrying out identity veriﬁcation checks and assist the Authorised Users in completing their ﬁrst online application;

Provide access to an online Application Form to enable the Customer or its Authorised Users to enter application data into the Online Account;

Provide an ID veriﬁcation section in the Online Account where the Authorised User(s) can verify the ID details of an Applicant;

Provide reports for the Customer to review data for the purposes of quality checking and to verify as correct;

Provide a tracking facility that will enable the Customer to track the progress of a Disclosure Application at various stages throughout the process.

If CRS has a reasonable reason to believe that a Disclosure Application is ineligible in light of the requirements of the Order, then CRS may refuse to process the Disclosure Application until the Customer has provided sufficient information to satisfy CRS that the Disclosure Application is eligible under the Order.

In the event that any information revealed by a Disclosure Application and subsequent Disclosure is disputed by an Applicant or the Customer (“Dispute“), The Applicant is required to liaise directly with the DBS and CRS shall have no responsibility for liaising with, or providing an intermediary service to, any Applicant.

SERVICE AVAILABILITY

The Customer acknowledges that provision of the Services to the Customer by CRS is reliant on CRS use of the e-Bulk Service provided or operated by the DBS or other third parties. CRS provides no warranty or assurance for the reliability or availability of this e-Bulk Service.

CRS reserves the right at its sole discretion to suspend the online element of the Services for a period in the event that:

DBS suspends the e-Bulk Service for any reason;

It becomes necessary to conduct any planned or emergency maintenance to the System or to undertake any investigation or works as to prevent or resolve a security issue.

In the event that use of the online element of the Services is suspended for any period of time pursuant to Our Terms and Conditions,

CRS reserves the right to replace the online element of the Service with a paper based submission service (“Paper Service”) until the online Service is available. The Customer will be notiﬁed by CRS as soon as reasonably possible that the Paper Service is to be used.

On receipt of the Application Form from CRS, the Customer is to ensure that the Applicant manually completes the relevant section of the Application Form.

On receipt of the completed Application Form from the Customer, CRS will provide the Application Form to the DBS processing as soon as reasonably possible and will communicate to the Customer any queries from the DBS.

THE CUSTOMER’S OBLIGATIONS

The Customer shall:

Ensure that all information provided to CRS, whether submitted through the Online Account or otherwise, is correct;

Be responsible for establishing and maintaining access to the Website through internet connection using appropriate telephony and computer equipment which is compliant with the Security Policy;

Ensure that Authorised Users use the Services in accordance with this Agreement and any instructions, manuals and security measures (including passwords) provided by CRS from time to time;

Be responsible for protecting the safekeeping of passwords against unauthorised use, or Disclosure to persons who are not Authorised Users;

Immediately notify CRS if it becomes aware of any unauthorised use or Disclosure of a password. Until such notice is given, CRS shall be entitled to assume that acts or dealings done in connection with the Services, by a person who uses a password that has been provided to the Customer constitutes an act or dealing by the Customer;

Ensure that CRS is kept up to date with any changes in Authorised Users and that CRS is provided with up-to-date records of contact details for Authorised Users;

Use all reasonable endeavours to ensure that Disclosure Applications are only submitted in accordance with the eligibility criteria for relevant positions or employment;

Correctly apply the DBS definition of “Volunteer” to assert eligibility for free-of-charge Disclosures;

Ensure that all Applicants for relevant positions of employment are notiﬁed in advance of the requirement for a Disclosure and are notiﬁed of the potential effect of a criminal records history on the recruitment and selection process and any recruitment decision;

Discuss the content of a Disclosure with the Applicant before withdrawing any offer of employment;

Provide a copy of the Code of Practice to the Applicant on request;

Comply with CRS policy on the recruitment of ex-offenders and the Customer agrees and acknowledges that it has sole responsibility for any recruitment decisions;

From time to time, provide feedback to CRS on use of the Service including recommendations to CRS on improvements that can be made.

In relation to each Disclosure Application the Customer shall ensure that:

Each Application Form is completed fully and that the information provided is true and accurate, and that the Applicant has not knowingly made any false declarations;

It has verified and validated the identity of the Applicant in accordance with the DBS’s guidance;

All Disclosure Applications are made in accordance with the CRS Code and the Code of Practice and associated legislation.

The Customer shall not and shall not permit any person to:

Use the Services unless they are an Authorised User;

Use the Services in any configuration or for any purpose other than as set out in this Agreement;

Require any individual to make a Disclosure Application save as where required for the purposes of the Order;

Make any Applications on behalf of a third party (including a Group company), save with the prior written permission of CRS;

Resell, sub-licence, copy, alter, adapt, merge, modify, reverse engineer, decompile, disassemble, create derivative works of the whole or any part of software comprised within the System except with CRS prior written consent or as permitted by law;

Use the Services in connection with the operation of a service bureau arrangement or outsourced service offering to any third party without CRS prior written consent;

Remove any proprietary notices, labels or marks associated with the Services;

Disclose any information contained within a Disclosure to any member, officer, agent or employee where it is not directly related to that person’s duties.

CHARGES AND PAYMENT

In consideration of the provision of the Services, the Customer shall pay CRS the Fees.

All Fees are stated plus of VAT, save for the DBS Fee which is VAT exempt. If at any time the DBS Fee is no longer VAT exempt then the Customer shall pay any VAT on the DBS Fee at the rate and the manner prescribed by law from time to time.

The Application Fee and DBS Fee for each Application are payable on submission of the Application or at a time agreed with CRS prior to commencement.

CRS reserves the right to amend its Application Fee from time to time.

The DBS Fee is set by the DBS, and is subject to change at the discretion of the DBS. CRS reserves the right to immediately pass on any change in the DBS Fee to the Customer but CRS will use reasonable endeavours to inform the Customer in advance of any change to the DBS Fee.

The Customer shall at all times be responsible for ensuring accuracy of any data and/or Applications submitted via the Service. In the event of any inaccuracies, the Customer shall be liable to pay additional charges imposed by the DBS or CRS in connection with any complaint or dispute raised by an Applicant including (without limitation) any charges for re-applications.

DATA PROTECTION AND CONFIDENTIALITY

During the course of performing the Services CRS may process Sensitive Data and other Personal Data regarding individuals whose details have been made available to CRS by the Customer (whether directly or indirectly).

The Customer acknowledges that when processing such data CRS will be acting as a Data Processor on behalf of the Customer (who is the Data Controller) and accordingly CRS shall:

Only process such data in accordance with instructions received from the Customer regarding the Services to be provided under this Agreement, or as otherwise required by law;

And implement appropriate technical and organisational measures to protect such data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or Disclosure.

The Customer warrants that it has obtained all necessary consents and complied with all applicable legal requirements (whether under privacy, confidentiality or data protection laws or otherwise) with respect to the processing of data by CRS under this Agreement and that it has and shall comply with all applicable laws and regulations as appropriate to enable the lawful receipt of the Services in accordance with this Agreement (including but not limited to Data Protection Legislation).

The Customer acknowledges that the information revealed in a Disclosure is conﬁdential and must;

Only be shared with those of the Customer’s employees or agents who have a right to view it in the course of their specific duties in relation to recruitment and vetting processes

Be stored, transmitted and disposed of in a secure manner;

Not be retained for any longer than necessary;

Not be reproduced in any form, including photocopies or scanned images without the prior written agreement of the DBS.

Each party agrees and undertakes that it will hold in complete confidence any conﬁdential information disclosed to it (whether directly or indirectly and by whatever means), and will not disclose it in whole or in part at any time to any third party, nor use conﬁdential information for any purpose other than the performance of its obligations under this Agreement. The obligations set out in this document shall not apply to any conﬁdential information which:

At or prior to the time of Disclosure was known to the receiving party as evidenced in writing, except to the extent that such information was unlawfully appropriated;

Is required to be disclosed by law, court order or request by any government or regulatory authority.

Subject to the obligations of this document, shall be entitled to disclose to any third party that it is providing the Services to the Customer and shall be entitled to identify the Customer in CRS marketing and publicity activities.

LICENCE AND INTELLECTUAL PROPERTY

All rights, title and interest in and to any Intellectual Property Rights which are used in the System or developed in the performance of the Services shall remain vested in CRS or its licensors.

CRS hereby grants to the Customer a personal, non-exclusive, non-transferable licence to use the Services for the sole purpose of processing Disclosure Applications in accordance with the terms of this Agreement.

WARRANTIES AND INDEMNITIES

The Customer hereby warrants and undertakes that it and each Authorised User (where applicable):

Has all requisite power and authority to enter into and perform the terms of this Agreement;

Is entitled to ask an Exempted Question;

Shall comply with the CRS Terms and Conditions and the DBS Code of Practice;

Shall promptly notify CRS of any complaint against it in respect of an alleged breach of the Code of Practice (other than complaints made spuriously or vexatious) and any investigation into its affairs by the DBS;

Will not supply or otherwise transmit any information, data or content in connection with the Services that is or May;

Contain software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Or be in breach of any third party rights (including any intellectual property rights) or in violation of any applicable local or national or international law, and any regulations having the force of law.

The Customer shall indemnify CRS against each loss, liability, cost and expense (including reasonable legal fees and expenses)incurred by CRS as a result of or in connection with any claim by a third party arising from a breach of Our Terms and Conditions.

CRS warrants that:

It has all requisite power and authority to enter into and perform the terms of this Agreement;

The Services shall be provided with reasonable care and skill and it will comply with all applicable national laws and regulations in connection with its obligations under this Agreement, including the DBS Code of Practice.

CRS does not warrant that operation of the Services will be uninterrupted or error free or that the Services will meet the Customer’s specific requirements.

Except as set out in this Agreement, all express or implied representations, warranties or conditions, including any implied warranty of satisfactory quality, fitness for a particular purpose or non infringement, are hereby excluded to the fullest extent permitted by law.

LIMITATION OF LIABILITY

Not withstanding any other provisions in this Agreement, nothing in this Agreement shall exclude or limit either party’s liability for the following:

Death or personal injury resulting from that party’s negligence;

That party’s fraud or statements made fraudulently by that party; or any other acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

CRS shall not be liable for any loss of profit, loss of business, loss of goodwill, loss of savings or anticipated savings, claims by third parties either directly or indirectly, or for any indirect loss or consequential loss whatsoever and howsoever caused (including but not limited to any loss arising as a result of the incorrect processing of any Disclosure Application).

Subject to Our Terms and Conditions, CRS total liability for any claims, losses, damages or expenses whatsoever and howsoever caused (even if caused by CRS negligence or breach of contract) shall be limited to the Administration Fees actually paid by the Customer to CRS under this Agreement in the period prior to the date of the relevant claim and in any event to the aggregate charges paid by the Customer to CRS during this Term of this Agreement.

Any recruitment decision or responsibility arising out of such decision shall rest with the Customer and CRS shall have no liability for any claim made by an Applicant on the basis that the Customer had acted unfairly or otherwise against any Applicant.

CRS shall not be held responsible for any errors or omissions made by the Applicant or the Customer.

TERM AND TERMINATION

The Agreement shall commence on the date CRS receives payment for the first application to be processed from the Customer and shall continue until terminated.

Either party may terminate this Agreement by written notice to the other if the other is in material breach of any term of this Agreement and fails to remedy such breach (if capable of remedy) within 30 days of a written notice specifying details of the breach and requiring its remedy.

CRS may terminate this Agreement immediately by providing written notice if:

The Customer is in breach of the CRS Terms and Conditions or the DBS Code of Practice or the acts or omissions of the Customer could lead to CRS being found in breach of the Code of Practice;

If a fine is levied or a complaint upheld against the Customer by the DBS;

If CRS has any valid reason to believe that the Customer may be acting illegally in using the Service.

Either party may terminate this Agreement immediately and without notice if:

The other enters into a composition or makes any voluntary arrangement with its creditors;

An order is made for the winding up of the other;

A resolution is passed for the winding up of the other (other than for the purposes of amalgamation, reconstruction) or the other party goes into liquidation; or

The other has a receiver, manager, administrative receiver or administrator appointed in respect of it.

Termination of this Agreement shall be without prejudice to the accrued rights and obligations of either party at the date of termination, and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.

Upon termination or expiry of this Agreement the Customer shall:

Not be entitled to any reimbursement of the Licence Fee;

Destroy (or return to CRS if requested) copies of all manuals, instructions and data relating to the service and any conﬁdential information; and

Immediately cease to use the Website.

Upon termination or expiry of this Agreement, the Customer shall pay any outstanding amounts to CRS within 30 days of the date of termination of the Agreement.

Without prejudice, the provisions of Our Terms and Conditions shall survive termination or expiry of this Agreement and shall continue in full force and effect.

CHANGES IN DBS PROCEDURES

CRS shall not be liable to the Customer for any delay in performance or failure to perform its obligations in accordance with this Agreement where such delay or failure is due to a change in the DBS Code of Practice, or a change in the procedures relating to the processing of Disclosure Applications by the DBS which CRS could not reasonably have foreseen at the commencement date (“DBS Process Change”).

If a DBS Process Change takes place CRS shall use all reasonable endeavours to minimise any adverse impact on the performance of the Services and notify the Customer of such impact. CRS reserves the right to vary the charges by a fair and equitable amount as necessary to reflect any consequential change to the Services which are required following a DBS Process Change.

AUDIT

From time to time the DBS carries out assurance audits of Registered Bodies. The Customer agrees to provide reasonable assistance and access to records or sites as may be requested by DBS and/or CRS in event of an audit being carried out in connection with the services.

FORCE MAJEURE

Neither party shall be liable to the other for any delay in performance or failure to perform its obligations in accordance with this Agreement where such delay or failure is due to circumstances beyond its control and unknown to it at the date of this Agreement, such circumstances including but not restricted to fire, flood, Government Act, act of God and legislative constraints but excluding strikes, labour disputes or malicious damage involving the employees of the affected party (“Force Majeure Event”).

If a Force Majeure Event continues for a period of more than thirty(30) days, either party may terminate this Agreement by giving not less than seven (7) days written notice to the other.

THIRD PARTIES

A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999/2000 to enforce any term of this Agreement. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

SEVERANCE

If any term of this Agreement shall be held to any extent to be illegal or unenforceable:

That term shall to that extent be deemed not to form part of this Agreement;

And the remainder of this Agreement shall not be affected.

ENTIRE AGREEMENT

This Agreement, which includes any covering page, schedules or appendices, constitutes the entire agreement of the parties in relation to its subject matter and supersedes and cancels any previous understandings, commitments, arrangements or representations whatsoever whether oral or written, express or implied in relation to the subject matter of this Agreement.

Each of the parties confirms to the other that it has not been induced to enter into this Agreement in reliance expressly set out in this Agreement; each party shall have no liability in respect of any other representation, warranty or promise made prior to the date of this Agreement unless it was made fraudulently.

GENERAL

This Agreement shall not be varied unless in writing signed (electronically or otherwise) by a duly authorised representative of each party.

The Customer may not assign or transfer or purport to assign or transfer a right or obligation under this Agreement without the prior written consent of CRS. CRS reserves the right to assign any or all of its rights under this Agreement as part of a bona ﬁde merger, reorganisation or sale of its business.

Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between the parties or give either party the power to bind the other.

No failure or delay by any party to exercise any right or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right or remedy.

Any notices given by either party hereunder shall be given in writing by the recipient at its address set out above (or such address as such party may notify the other for the purposes of this Agreement). Any such notice shall be deemed to be delivered, if sent by recorded delivery, upon confirmation of signed receipt and, if sent by facsimile, at the time of transmission, confirmed by a transmission report from the sender’s facsimile machine.

This Agreement shall be governed by and construed in accordance with the laws of England and both parties submit to the exclusive jurisdiction of the English Courts.

The customer accepts that by submitting an application, they are agreeing to our Terms & Conditions.