Terms and Conditions

Version 2.0.1

Criminal Records Services Ltd (DBSChecks.com is a trading name of Criminal Records Services Limited)

DBS BASIC DISCLOSURE APPLICATION SERVICE

INTERPRETATION

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

Administration Fee – means the administration fee payable by the Customer as speciﬁed on the website, also referred to as “Admin Fee”.

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 on our website.

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

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;

Customer – means either the Applicant or their Employer/Sponsor paying for the Disclosure Application.

DBS – means the Disclosure & Barring Service;

DBS Fee – means the fee charged by the Disclosure and Barring Service for processing a Disclosure Application as speciﬁed on our website and consent element acceptance on the website;

Data Controller – has the meaning given in the Data Protection Act 2018;

Data Processor – has the meaning given in the Data Protection Act 2018;

Data Protection Legislation – means the Data Protection Act 2018 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;

Dispute – means when there is a reason to question the process completed by CRS, or for the Applicant to query the information received on a Disclosure result, which must be raised directly between the Applicant and DBS

DS – means Disclosure Scotland;

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 on our website.

Intellectual Property Rights – means all patents, rights to inventions, utility models, copyright and related rights, trademarks, 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 via our website or through a link sent from us.

The Order – means the Exceptions Order 1975 to the ROA and sets out those occupations and positions exempt from the provisions of the ROA;

Paper Service – this means an alternative method to an online Disclosure application

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;

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 or individuals who are not Registered Bodies themselves to allow them 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; including the provision of a Digital Identity Check.

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.DBSChecks.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 a DBS Umbrella Body and Registered 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 Customers, 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.

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.

Notify the Customer of any queries received from the DBS.

Receive from the DBS Disclosure results for a Disclosure Application

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:

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

Provide a Digital ID Verification service to enable a Customer to verify their identity digitally for the purposes of a Basic DBS Check.

A Customer will be provided with 2 opportunities to successfully verify their identity digitally through our service. In the event they are unable to successfully do this for any reason, a Customer will be required to obtain verification of their identity documentation via the Post-Office’s In-branch ID verification service. The Customer will be fully responsible for any fees payable to the Post Office for this service as it is outside the service we provide.

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 responsible for ensuring the relevant sections of the application form are correctly completed and submitted.

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 website, application form 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 the service is used 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 to access our IT system.

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;

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 record 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;

The Customer has successfully verified their identity in line with current DBS ID checking guidelines.

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:

Access their online application or 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, 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;

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 prior to commencement 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 in the event of a re-application being required.

REFUNDS AND CALCULATIONS

The Consumer Contracts Regulations state that your right to cancel can be lost during the cancellation period if the services have been provided in full before the 14-day cancellation period elapses.

Our fee is for the review and processing of your application as well as the provision of a Digital Identity Check and the submission of a Basic DBS application to the Disclosure and Barring Service. By accepting our Terms and Conditions and placing your order, you are instructing CRS to start work and provide our services to you straight away, without any delay.

You will receive a confirmation email from CRS once an order has been placed, when you receive this email, we have started providing our services.

By placing this order and therefore instructing CRS to start the service, you may be affecting your right to cancel as some or all the services ordered may be completed in full and therefore not be eligible to be cancelled.

Your cancellation period elapses 14 days from the date you received your confirmation of order email. To request a cancellation, you need to instruct our team clearly by email, letter or telephone call to our official contacts information as displayed on our website.

Once we receive your cancellation request, we will review and inform you if a refund is agreed. Should the Digital Identity Check process have been started and the Basic DBS Check be submitted to the Disclosure and Barring Service, then no refund will be applicable as our service will have been completed in full.

Should your application not have been submitted to the Disclosure and Barring Service then we may consider refunding the DBS fee element of the total fee.

Our Admin and Digital ID Fee will not be refunded if the Digital ID check has been started, irrespective of if it was fully completed or the result of the check. Our service is to provide you with the Digital Identity Check, and by you accessing and starting this check, we have fully provided our service.

Any agreed refunds will be refunded to the original method of payment within 14 days from confirmation of refund.

DATA PROTECTION AND CONFIDENTIALITY

During the course of performing the Services CRS may process Sensitive Data and other Personal Data regarding individuals who have submitted their details via the website and application form.

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.

By consenting to any of our services the Customer accepts that CRS 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 individuals or organisations of the Customer’s choosing.

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.

In order to process an application we may need to supply some of an Applicant’s personal information to third-parties including, but not limited to, Staffvetting.com Limited and Disclosure and Barring Service (DBS). These third-parties may use that personal information to provide services to us for the purposes of completing a background screening check on behalf of an Applicant’s Sponsor.

DISPUTE POLICY

This policy outlines the process for raising and resolving disputes related to services provided by DBSChecks.com We are committed to handling all disputes fairly, transparently, and promptly.

This policy applied to all customers who have purchased or used services from CRS.

Customers may raise a dispute if they believe:

The services delivered were not as described
There was an error or omission in the service provided
Charges were incorrect or unauthorised
There was a breach of the agreed Terms and Conditions

Dispute Process

Submission: to raise a dispute a Customer must submit a written complaint by letter or email within 30 days of the date of the service date. These need to be sent to the official contact email or address provided on the website. They need to include all relevant details, such as application number, nature of dispute, dates, they may also include any supporting documentation.

Investigation and resolution: We will acknowledge receipt of the dispute within 3 working days. A thorough investigation will be conducted which may involve reviewing data and consulting with staff. A resolution will be provided within 10 working days, unless further investigation is required.

Possible outcomes: depending on the findings, outcomes may include:
Correction or re-conducting of the service
Partial or full refund
Explanation and clarification of service Terms and Conditions
No action is the dispute is found to be unsubstantiated

Escalation: If a Customer is not happy with the outcome, they may request escalation to a Senior Manager.

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 (where applicable):

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

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

Notwithstanding 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 application to be processed from the Customer and shall continue until the services ordered are fully completed.

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 thirty (30) days of a written notice specifying details of the breach and requiring its remedy.

The aforementioned cancellation and refund clause covers the Customer’s right to cancel and the loss of this right in the event any or all of the ordered services are completed.

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.

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 any fees paid.

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 thirty (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 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.

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