Terms and Conditions

Terms and Conditions of Service of invoice account

  1. Outline Of Service

This is to confirm that Secure Checks Ltd will supply staff vetting services, Criminal Record Checks, as a managed service for the company agreeing to these terms . The decision to employ the applicant solely lies with the hiring company and not with Secure Checks Ltd. Secure Checks Ltd are not responsible for the employment or activities of the employee the company has employed.

  1. Client services

The customer signing up for this account will enable a fully managed service for the provisions of their staff screenings, and that Secure Checks Ltd will deal directly with the applicant once the online vetting application form is completed fully and submitted to Secure Checks Ltd. ​Secure Checks Ltd will perform the vetting services in relation to what level the client has selected. It is the clients responsibility to ensure the correct level of checks have been selected.

  1. The Service Facilities
  • Client screening Portal. (You will have access to the client vetting portal)
  • Unlimited users.
  • Dedicated Client Support area.
  • Applicant Online Support Solution.
  • Fully Branded Applications, emails and SMS.
  • ​Full Report function.
  1. The Companies Responsibilities

It is the companies responsibility to ensure their applicants complete their application forms and to chase them up to complete. Under the GDPR Secure Checks Ltd cannot deal with an applicant until they have completed their signed consent form for vetting and submitted their application form for vetting. So the company is required to chase the applicant to complete their application form. It is the companies responsibility to respond to any acceptance of risk that Secure Checks Ltd sends to the client for sign off. It is the companies responsibility to ensure that they review any original documentation of their employees and photo copy them and put them into the HR Personal file.

  1. Support and Training

When the company account is live, you are assigned a dedicated account manager and account team who oversee the vetting process of your applicant screening files.

You also have access to the client support area, you can view and find anything you require, you can also raise a support ticket in this section which will be responded to within 15 minutes of submission. Before going live all the companies admin users that have access to the Secure Checks Ltd client vetting portal will be fully trained and set up via an online onboarding training session.

  1. Client Support Hub

The client support area is there for the customer to understand any forms of vetting, you can search for anything, log into your client portal, and raise support tickets.

  1. Terms of Use

It is the companies responsibility to view and check the original documents (ID and Address) and confirm acceptance of the authenticity of the documents by signing on the photocopy. Secure Checks Ltd will then confirm the validity of the documents supplied by the applicant. It is also the client’s responsibility to check the appropriate right to work documents of all individuals that you are to employ. Any applicants that are non UK nationals, Secure Checks Ltd will confirm the Right to Work share code is valid and they have the right to work within the UK.

However the company must understand that the confirmation is via the HMRC share code confirmation and that the responsibility of the Right to Work lies with the hiring company. Secure Checks Ltd can only confirm the Right to Work Share code verification if a passport is supplied, National vetting do not do a Right to Work on United kingdom nationals.

Note: The right to work with the government digital pathway only works with valid in date Passports.

​​Secure Checks Ltd are not responsible for any employment issues between the applicant and the employing customer. Secure Checks Ltd are only the third party vetting service provider and not the employer. The screening files are Secure Checks Ltd Property until the file has been fully paid for.

  1. Possible additional charges in a screening

Education/Membership/Qualification checks ( institutions may charge for this check, these will be charged at cost with no add on costs). We will inform you before doing the check if you are willing to pay the additional charges that some institutions add on. Depending on rising costs such as DBS checks increased by the Government we may have to increase the cost of the screenings, however we will inform you with ample time to agree to this.

  1. Confirmation to proceed with a screening

When you send out an application and it is completed by the applicant and submitted for screening, that acts as a purchase and the customer will be liable for the cost of the screening as set out within the terms and conditions.

  1. Withdraw a screening in progress costs

If the company withdraws any applicant screenings that have been submitted the company will be charged at the full rate less 10% once the candidate application is submitted for screening. This also includes time failed screenings under set standards. Once a file has been submitted by the applicant the screening process has started and the file becomes live and acts as a purchase from the company and Secure Checks Ltd incur costs from the start of the vetting hence the percentage of the file to pay.

  1. Online Training

There is no charge for setting your users up on the client portal, nor any charge to ensure the users have been fully training. Once live they can utilise the client support area, that has how to guides and training videos.

  1. Payment Terms and Annual Increase

Payment is 30 days upon any invoice received, any late payment will be charged at 8%. Price increases will be 5% on January 1st at the beginning of each year to keep in line with wage increases, increasing costs and inflation. No other increases will be made without prior confirmation between the client and Secure Checks Ltd. This covers all increases in our database checks and DBS checks. If payment isn’t made, all vetting files will be retained and the customer must prove how they deleted all of the files that were completed by Secure Checks Ltd. ​Please remember that the vetting file is the property of Secure Checks Ltd until the file has been paid for fully, non-payment of the file will result in us requesting this back and your employee not being vetted fully.

  1. Termination of Contract

The company is contractually obligated to engage with Secure Checks Ltd for a duration of 12 months, after which it will transition into a rolling contract. However, following the initial 12 months, the client has the option to terminate the contract by providing a three-month notice via email or in writing.

​If the company goes to another service provider within this term, Secure Checks Ltd will charge a flat fee of £3,000 for the cost of early termination. This is to cover the licence costs, deletion administration and clean wipes of the system.

  1. Secure Checks Ltd UK Ltd Privacy Policy

We will use the information you have given on your application form, together with any information that we obtain with your consent from third parties; for assessing your suitability for employment purposes only. It may be necessary to disclose your information to our agents and other service providers in order to carry out the background screening checks.

​You will also be consenting to the transfer of your information to your previous, current and future employers where this is necessary (this may be to companies operating abroad if you apply for work outside of the United Kingdom). Your information will be held on our computer database and not be supplied to anyone other than your employer that is requesting the employment checks.

  1. GDPR Statement

Secure Checks Ltd has reviewed its internal processes and procedures to ensure that we meet GDPR regulations . All internal policies and procedures comply with the Regulations in respect of the personal data we process on behalf of applicants to ensure full compliance. Secure Checks Ltd is registered with the UK Information Commissioner’s Office. ​Secure Checks Ltd is fully committed to the principals of data protection and the protection of the privacy of individuals.

  1. Who is collecting the data?

To execute our duties, it is necessary for Secure Checks Ltd to collect, store and process individuals’ personal information. This includes information from and relating to clients, past employers, referees/personal references, other publicly available sources and individuals on whom we are asked to conduct background checks for employment purposes.

  1. How will the information be used?

Secure Checks Ltd will not use the personal data for any reason other than that specified in the consent form for the purposes of conducting sufficient background screening checks for employment purposes. We do not sell or release personal information to third parties for marketing purposes.

  1. What is the legal basis for processing the data?

Data shall be fairly and lawfully processed only with the applicants’ knowledge and prior written consent of the individual concerned. Secure Checks Ltd will collect and process appropriate personal data only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements.​We will not use the personal data for any reason other than that specified in the consent form. We do not sell or release personal information to third parties for marketing purposes. All reasonable technical and organisational measures shall be taken to prevent the misuse, loss/destruction or damage to personal data.

  1. Will the data be shared with any third parties?

We will only share your personal information with prospective employers.​ Secure Checks Ltd operates services worldwide. Some countries outside the European Economic Area may not have laws regulating the use and transfer of personal data; we will ensure that personal data is not transferred to these countries without suitable safeguards.

  1. What data is being collected?

We hold personal data on individuals referred to us by the client. This consists of information which is necessary to conduct background checks for employment applications and avoid breaches of confidentiality such as name, address, data of birth, employment history, past salary provided by the applicants or obtained from other sources with their prior consent. ​We do not seek to collect Sensitive Personal Data. “Sensitive Personal Data” is personal data that reveal any racial or ethnic origin, political opinion, philosophical belief, religion, trade-union membership, sexual orientation, genetic data or biometric data.

  1. How long will the data be stored for?

All data held by Secure Checks Ltd, which is processed data and/or personal/sensitive data is encrypted and held in a secure personal cloud, which is ISO27001 Certified. All data is held and processed within the United Kingdom. Backup data is also held within our secure ISO27001-compliant personal cloud. We retain data in accordance with current legislation and our Data Retention Policy. Data is retained for 7 years unless it is retained for an individual or organisation which has taken legal action. ​Once the operational or legal requirement to store the data has expired the personal information is destroyed in a secure manner. Any proposed future changes to the method or location at which data is stored will be reviewed in line with the requirements of GDPR legislation.

  1. What rights does the data subject have?

All applicants have the right of access to their personal data through subject access requests and maintain the right to correct any inaccurate personal data. ​The Applicant also has the right in certain cases to have personal data erased as well as the right to move their personal data from one service provider to another.

  1. How can the data subject raise a complaint?

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation. The applicant is legally allowed to request a subject access request and you are legally bound to supply the applicant with the full vetting file as that holds their data we have collated. They have to do this in writing and you cannot charge the applicant for the data you hold on them.

  1. Intellectual Property and Other Property Rights

The copyright, database or other similar rights on this Website and its information and content, belongs to Secure Checks Ltd. 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 Secure Checks Ltd. 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.

Secure Checks Ltd owns the rights to the vetting file until the file has been paid for by the customer.

  1. Liability

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

b) Secure Checks Ltd 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 Secure Checks Ltd.

c) Secure Checks Ltd acts on the information supplied by the Client and by referees in providing services. Secure Checks Ltd 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, third parties or by referees or for the consequence of its reliance on that information as being true, complete and fair.

d) The obligation of Secure Checks Ltd 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. Secure Checks Ltd 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 Secure Checks Ltd sends requests and enquiries to referees using information, names and contact details supplied by the Client, Secure Checks Ltd 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. Secure Checks Ltd shall also pass on any verbal comments made by third parties regarding the employment candidate on the basis that it is up to the Client to appreciate the information has been made verbally and if the Client chooses to rely on such verbal information, it is at its own risk.

g) Nothing in these Terms limits Secure Checks Ltd liability for the following:

(i) death or personal injury caused by our negligence;

(ii) fraud or fraudulent misrepresentation; or

(iii) any other liability that cannot be limited or excluded by law.

h) Secure Checks Ltd to the Client for all losses arising under or in connection with the Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed £250,000.00 (two hundred and fifty thousand pounds)

  1. Force Majeure

Secure Checks Ltd 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.

  1. Variation

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

  1. Changes to Terms and Conditions

Secure Checks Ltd reserves the right to change these Terms 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 should always check them each time the Client revisits the site. If the Client does not agree with any change to the Terms the Client must immediately stop using the Services.

  1. Charge per vetting file

The charge for each vetting file will be what was agreed when you completed the contract. You would have agreed that your company does a certain amount of files per month, if after month 2 the volume is less than what was agreed, we will revert to the higher price tier within the pricing section of the contract.