CheckRate Terms & Conditions
These are standard terms and conditions, and are subject to change. If you are an existing customer they may not be the exact terms and conditions of your contract. Please refer to the terms and conditions issued with your sales confirmation.
This is an Agreement between you and Checkrate (“Checkrate”) regarding the use of the Checkrate Service. The “Service” is defined as one or more of the following:
- Checkrate service (which provides information on and assessment of the creditworthiness of third parties via the internet) and or
- Performance Report (a hard copy report)
- The Service purchased is specified in the Order Confirmation.
By signing this Agreement or by accessing or using the Service you are accepting:
- To be bound by our terms and conditions contained in this agreement and posted on our website www.checkrate.co.uk
- All details contained on your email order confirmation and invoice.
- This Agreement shall be in force for the term set out on the Order Confirmation, or, if no term is specified on the Order Confirmation, for a period of 12 months from the date as confirmed on your Order Confirmation. All fees are strictly non-refundable.
- You might be contacted during this agreement period regarding new developments and products.
- From time to time Checkrate may make alterations to the Data or services that you enjoy. Checkrate will take all reasonable steps to inform you of these changes with as much advance warning as possible.
Charges and Payment
- In consideration to Checkrate providing you with the Service, materials and information you agree to pay the amount specified in your order confirmation and or invoice on the times and dates specified therein. Unless otherwise specified in the Order Confirmation and or invoice all payments must be made within 21 days of invoice date. If you fail to pay the amount specified on the order confirmation and or invoice on the times and dates agreed the full amount will become due with immediate effect. On renewal of this Agreement, pursuant to clause 3.2, all payments shall be made within 21 days of invoice date.
- You agree that Checkrate may review the Standard prices for the Service. Any price increase would only come into effect at the time of Annual Renewal or upon the start of a new agreement. Checkrate will give you one month's notice of any increase to the Standard price and at least two months notice of said increase before the renewal of each twelve month Agreement period.
- The price for the Service shall be exclusive of any value added tax which amount you will pay in addition when it is due to pay for the Service.
- If the Customer fails to pay the Company any sum due pursuant to the Contract, the Customer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of HSBC Plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Checkrate s Proprietary Rights
- Except as expressly provided herein access to the Service does not grant you any database rights or rights in the copyright, trade marks or any other intellectual property rights of Checkrate or any third party.
- The Service made available to you are protected by copyright and other intellectual property rights. You acknowledge that you are not permitted to copy, reproduce or modify any element of the Service without Checkrate’s written permission. Checkrate may take steps to assist identification of its Service including (without limitation) data encryption, addition of dummy records or any other technical or other method Checkrate considers necessary.
Your Obligations and Conduct
- You agree to abide by all laws & regulations applicable to your use of the Service and not withstanding fore going to comply in all respects in the Data Protection Act 1998.
The Service made available to you is provided solely for your own use and you will not, without our written permission, transfer or sell or attempt to transfer or sell your access to or use of the Service (or any part or facility of it) or any of your rights or obligations under this Agreement to any other person unless:-
- That use is the purpose for which the access has been granted for; or
- It is expressly permitted by Checkrate in writing.
During this Agreement you agree not to:
- Use the website, information, materials or Database fraudulently, in connection with or for purposes of a criminal offence, or otherwise unlawfully;
- Attempt to gain unauthorised access to the information, materials, Database or website or other networks connected to the website, through any means whatsoever; or
- Modify any of the information, materials, Database or any part of the website.
Password and Security
You agree that you are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities using your password or account. You agree to immediately notify Checkrate of any unauthorised use of your password or account and agree to exit your account at the end of each session.
Obligations, Warranties and Limitation of Liability
- The material and information that you are provided with is collated from Public Sources that are out of Checkrate’s control. Whilst Checkrate aims always to maintain a quality fully operative service, the Service and Alliance Partner services are nonetheless provided on an "as is", as available basis without warranties of any kind, whether express or implied.
- Specifically Checkrate gives you no warranty or assurance about the contents of the Service. Whilst Checkrate does endeavour to maintain the accuracy and the quality of the Service, they may be incorrect or out of date. Therefore any use you make of the Service is at your own risk.
- Checkrate disclaims all liability in contract (including negligence) or otherwise in connection with the Service and Alliance Partner service for any indirect, incidental, third party, special or consequential loss, loss of profit, revenue, savings or data which may result from the use, delays in use, or inability to use the Service.
- Checkrate's entire liability in respect of all claims arising out of or in connection with this Agreement or its subject matter in any 12 month period (considered retrospectively from the date on which the course of action arose) shall not exceedan amount equal to the sums payable by you to Checkrate in respect of that 12 month period. Nothing in this clause 7 or any other provision of this Agreement shall seek to exclude or limit liability for death, personal injury or fraudulent misrepresentation.
- If Checkrate believes that you have breached any provision of this Agreement or in the event of your insolvency or bankruptcy Checkrate may, with immediate effect and without notice, terminate this Agreement or suspend access to the Service.
To terminate your Agreement with Checkrate you must provide Checkrate with written notice, that you do not wish your agreement to be renewed, at least 30 days before the date on which the agreement is due to end.
Such notice must be served by either recorded first class post to the registered address of Checkrate (*), or by, Electronic Mail to firstname.lastname@example.org
Upon receipt of the written notice Checkrate will provided you with a unique Advanced Termination Reference Number (ATRN) via the secure email address nominated by you to Checkrate for the administration of your account.
No such notice will be deemed valid, until such time as you have received your unique (ATRN) from Checkrate.
Failing this your agreement will be renewed automatically for a further 12 Months.
- All ‘Discounted Products’ and ‘Introductory Offers’ will be charged at their normal standard price.
- ‘Debt Score’ products will be charged at the same rate per annum.
For all companyReports from our data partners prices will fluctuate to reflect their standard charges.inc:
- Limited Company reports
- Non Limited Company reports
- Image Accounts
- Performance Report
- To terminate your Agreement with Checkrate you must provide Checkrate with written notice, that you do not wish your agreement to be renewed, at least 30 days before the date on which the agreement is due to end.
Effect of Termination
- On termination, you must take reasonable steps to delete any information and materials provided by the Service, or any part of the website copied to any hard disk or other permanent storage device and must not make any further use of such information and materials provided through the service.
Upon termination clauses 3, 4, 6 and 11 shall continue with full force and effect.
- You agree to indemnify, defend and hold Checkrate, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Checkrate or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the Service in breach of this Agreement or any negligence.
- You agree to indemnify Checkrate from all costs, claims, losses, damages, or awards which Checkrate may sustain or incur as a result of any breach by you of the provisions of the Data Protection Act 1998.
Assignment and Resale
This Agreement is for a single user and is personal to you. You will not without prior written consent of Checkrate re-assign, re-sell, sub-lease or in any other way transfer the Service or any of your rights or obligations under the terms of this Agreement.
- Checkrate will not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of Checkrate, including without limitation Internet outages, communications outages, fire, flood war or act of God.
- These terms shall survive any termination of this Agreement.
Notwithstanding any other term of this Agreement Checkrate does not limit or exclude liability for death or personal injury arising from its negligence.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable.
- The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement
- The terms of this Agreement and the provision of the Service and the relationship between you and Checkrate shall be governed by the laws of England and Wales. You agree irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales or your country of residence.
- The CheckRate Consumer Confidence Seal will be displayed on client's websites on the provision that they maintain a credit rating above the limit deemed as credit-worthy by CheckRate's data partners currently set at 30. Failure to maintain a score higher than this will result in the CheckRate Seal not being displayed until a change which lifts client's credit ratings above this level.
- The failure of Checkrate to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right. This Agreement constitutes the entire agreement between you and Checkrate in relation to the Service. In the first year of this agreement our credit score traffic access limit usage has a cap of 1,000.000 reports visits.
- Checkrate is not liable for Customer’s negligence or misuse of any of the online Solutions service or content from third parties.
(*) Registered address of Checkrate – Freestart plc, Andrew House, Lord Street, Wigan WN1 2BN.