TERMS OF BUSINESS

 

1.     DEFINITIONS

 

1.1.    In these Terms of Business the following definitions apply: -

               

                “Customer”                           means the person, firm or corporate body together with any subsidiary or associated

                                                              company as defined by the Companies Act 1985 to which the Service is supplied;

 

                “Applicant”                            means the Individual, requiring a CRB Check or Disclosure

 

                “The Service Provider”        means Mayflower Disclosure Services Ltd. 76 Rollesbrook Gardens, Southampton, SO15 5WB

 

                “CRB”                                    means the Criminal Records Bureau, PO Box 110, Liverpool, L69 3EF          

 

                “Disclosure Scotland”          means Disclosure Scotland, PO Box 250, Glasgow, G51 1YU

 

1.2.    Unless the context otherwise requires, references to the singular include the plural and references to the

         masculine include the feminine and vice versa

1.3.    The headings contained in these Terms are for convenience only and do not affect their interpretation.

1.4.    The Service Provider reserves the right to make changes to these Terms and Conditions at any time.

 

2.     THE CONTRACT

 

2.1.   These Terms constitute the contract between the Service Provider and the Customer/Applicant for the supply of

        Criminal Records Bureau/Disclosure Scotland Disclosure services by the Service Provider to the Customer/Applicant

        and are deemed to be accepted by the Customer/Applicant by virtue of its request for CRB/Disclosure Scotland Services.

2.2.   No variation or alteration to these Terms shall be valid unless approved by the Service Provider in writing.

2.3.   Unless otherwise agreed in writing by the Service Provider, these Terms prevail over any terms of business

        or purchase conditions proffered by the Client.

 

3.     CHARGES

 

3.1.    The Customer/Applicant agrees to pay the charges of the Service Provider as notified at the commencement of the Service

         and as may be varied from time to time during the Service.  The charges are calculated at the prevailing

         CRB/Disclosure Scotland charge plus a counter-signatory/admin charge per application.  Other charges may be applicable for

         additional services, - i.e. delivery charges and unforeseen expenses. VAT may be payable on the entirety of these charges.

3.2.    The fee for a Disclosure is a processing fee and it is charged at the point of application.

3.3.    Payment should accompany the application form unless arrangements as per 3.4 have been made.

3.4.    By arrangement, the charges can be invoiced to the Customer when the application form has been submitted to the

         CRB/Disclosure Scotland and are payable within 15 days. The Service Provider reserves the right to charge late payment fees

         up to £40  plus interest on any overdue amounts at the rate of 8% per annum above the base rate of the Bank England from

         the due date until the date of payment.

3.5.    The Customer/Applicant is responsible for charges and other expenses relating to their application unless otherwise arranged.

3.6.    The Customer/Applicant will be responsible for all charges and other related expenses relating to their CRB/Disclosure

         Application(s) even if the application is rejected by the CRB/Disclosure Scotland.

 

 

4.     LIABILITY

 

4.1.    Whilst every effort is made by the Service Provider to provide satisfaction to the Customer/Applicant and to provide them in

         accordance with the Customer’s/Applicant’s request, the Service Provider, its commissioners, employees, officers and agents

         shall not be liable for any loss or damages or expenses of any kind including without limitation compensatory, direct,

         indirect or consequential damages, loss of data, documents, income or profit, loss of or damage to property or claims by third

         parties howsoever arising.  For the avoidance of doubt, the Service Provider does not exclude liability for death or personal injury

         arising from its own negligence.

4.2.    The Service Provider is not responsible for the information produced on the final Criminal Records Bureau/Disclosure

        Scotland Disclosure Report/Certificate. This is produced by the CRB/Disclosure Scotland and the Service Provider does

          not have involvement with the production of this report.

4.3.   Whilst every effort is made by the Service provider to ensure the information provided by the Customer/Applicant on the

        CRB/Disclosure application form is accurate, the Service Provider, its commissioners, employees, officers and agents shall not be

        liable for any loss or damages or expenses of any kind due to inaccurate information on a completed CRB/Disclosure

        application form which has been signed by the Customer/Applicant.    

 

5.     TERMINATION

 

5.1.    The Customer/Applicant will inform the Service Provider immediately if they wish to withdraw their application. 

         However, if the application has already been forwarded to the Criminal Records Bureau/Disclosure Scotland, the applicable

         charges and related expenses will still apply.

 

6.     LAW

 

6.1.    These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the

         Courts in England & Wales.

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