Background Checking Service Schedule
In this schedule, the term “Service” refers to the Background Checking Service offered by Personnel Checks. This Service Schedule applies if the Approved Services on the New Account Onboarding Form belong to the Background Checking Product Family.
1. SERVICE DETAILS
1.1. Personnel Checks shall process Background Checks indicated on the New Account Onboarding Form via the Experian System for the duration of the CSA.
1.2. Where the Customer has subscribed to the Check Creation Method: Self Service, as indicated on the New Account Onboarding Form, Personnel Checks shall:
1.2.1. provide each Authorised User with a username and password to access the Self Service Tools;
1.2.2. provide Authorised Users with all necessary instructions to enable them to set up the access to the Self Service Tools to create, edit and track all applications using the system.
1.2.3. provide reports on a chargeable basis for the Customer to review data for the purposes of quality checking and to verify as correct;
1.2.4. notify the Customer of any queries received from the System;
1.3. Where the Customer has subscribed to the Check Creation Method: Managed Service, as indicated on the New Account Onboarding Form, Personnel Checks shall:
1.3.1. provide the Customer with all necessary instructions to enable the Customer to request the provision of a Background Check to be carried out in relation to an Applicant;
1.3.2. provide the results of a Background Check by email to the Authorised User within the Customer who is responsible for receiving results;
1.4. Personnel Checks does not warrant that a Background Check or the results of any Background Check will meet the Customer’s individual requirements and it will not be responsible for any services that it has not expressly stipulated that it will provide in these Background Checking Services Terms
1.5. Personnel Checks shall be responsible for the provisions of each Background Check only. The Customer shall be responsible for any decision or implementation made relating to the results of each Background Check
1.6. Except where expressly stated in this Background Checking Service Schedule, Personnel Checks excludes all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law each Background Check
1.7. Once an application form has been completed by the Applicant and is submitted to be processed, the fee is non refundable
1.8. All application and check data will be complete purged from the system two years after the completion of the service. The Customer should make a record of the checks carried out for future reference, if necessary
2. CUSTOMER OBLIGATIONS
2.1. The Customer must:
2.1.1. ensure (or procure each Applicant ensures) that each Application Form and any other instructions required for Personnel Checks to provide a Background Check, are complete and accurate;
2.1.2. ensure that any Applicant, the Customer’s employees, agents and subcontractors fully co-operate with, and make themselves available at all reasonable times to Personnel Checks to enable Personnel Checks to promptly and properly perform each Background Check;
2.1.3. warrant and represent that it shall only use the Background Checking Services for:
2.1.3.1 its own internal business purposes in its capacity as an employer
2.1.4. ensure that it has a Valid Registration prior to the commencement of the Experian Background Checking Services and at all times during the term of this CSA. If at any point during the term of this CSA, the Customer does not have a Valid Registration, it must immediately notify Personnel Checks in writing and Personnel Checks shall have the right to decide (in its absolute discretion), without prejudice to any other rights or remedies available to Personnel Checks whether under this CSA or at law, to either:
2.1.4.1. suspend the provision of the Experian Background Checking Services and refuse to accept any additional Application Form submitted until the Customer regains a Valid Registration; or
2.1.4.2. terminate the provision of the Experian Background Checking Services.
2.1.5. ensure that each Applicant has been notified in writing (in accordance with Data Protection Legislation) of how such Applicant’s Personal Data is to be processed and that each Applicant has been made aware of and provide with access to a copy of Experian’s privacy policy (as provided by Personnel Checks to the Customer in advance of the provision of the Background Checking Services and as may be updated from time to time) and the Customer warrants and represents that no Application Form will be submitted in relation to any Applicant who has not been so provided with access to a copy of the Experian privacy policy.
2.1.6. ensure that each Applicant has been notified in writing (in accordance with Data Protection Legislation) of how such Applicant’s Personal Data is to be processed and that each Applicant has been made aware of and provide with access to a copy of Personnel Checks’ privacy policy (as provided by Personnel Checks to the Customer in advance of the provision of the Background Checking Services and as may be updated from time to time) and the Customer warrants and represents that no Application Form will be submitted in relation to any Applicant who has not been so provided with access to a copy of the Personnel Checks privacy policy.
2.1.7. ensure (or procure each Applicant ensures) that each Application Form and any other instructions required for Personnel Checks to provide a Background Check, are complete and accurate;
2.1.8. acknowledge that in very rare cases, sometimes results of checks are unable to be confirmed due to the requested data no longer being available. No guarantee is given or implied that all checks will be able to confirm a definite result or answer.
2.1.9. ensure that each Background Check and any outcomes or results from such Background Check are sufficient and suitable for its purposes and meet its individual requirements;
2.1.10. Have all rights, permissions and consents to enter into, and perform its obligations under these Background Checking services terms, including but not limited to ensuring that it has obtained written approval from each applicant to the procurement of a Background Check and Experian’s and/or Personnel Checks’ storage of information acquired during the provision of each Background Check; and
2.1.11. comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of its rights and performance of its obligations under these Background Checking Services Terms.
2.1.12. provide Personnel Checks with all the information and/or documentation necessary for Personnel Checks to properly provide each Background Check. Personnel Checks shall not be responsible or (subject to any liability that Personnel Checks is unable to exclude as a result of any applicable laws) have any liability for any failure to provide a Background Check to the extent caused by the Customer and/or each relevant Applicant’s failure to properly ensure the provision of such information and/or documentation.
2.1.13. when creating applications, ensure only eligible applications will be created and no invalid or ineligible applications will be applied for that are not required for the Customer organisation to make a suitability or recruitment decision on that individual;
2.1.14. promptly provide to Personnel Checks such data, information and assistance that will enable Personnel Checks to promptly perform each Background Check;
2.1.15. The Customer shall authorize Personnel Checks to communicate Applicant names alongside payment receipts and invoices.
3. CHARGES
3.1. The Purchase Method will be indicated on your New Account Onboarding Form
3.2. Where the customer has subscribed to the Purchase Method: ‘Applicant Pays’;
3.2.1. The Applicant shall pay the Application Fee and any other Fees that are payable to the Company. The fees charged to the Applicant are charged on behalf of the Customer and received by the Company as payment for the Services from the Company. All fees received by the Company from the Applicant shall be retained by the Company.
3.3. Where the customer has subscribed to the Purchase Method: ‘Standard, Credits or Monthly Invoicing’;
3.3.1. The Customer shall pay the Application Fee and any other Fees that are payable to the Company.
3.3.2. The Company reserves the right to obtain a credit reference check on the Customer prior to providing the Services. If such a check is not satisfactory in the opinion of the Company, the Company shall, without any liability to the Customer, be entitled to terminate the CSA with immediate effect, in which case the Company will refund to the Customer any Charges already paid by the Customer under the CSA.
3.3.3. If an invoice is required in the Services and Charges Sections it shall be raised and the Charges shall be paid to the Company in accordance with the requirements set out in the Services and Charges Section. Any interim payments which are to be made under the CSA shall be made in the amounts and at the times stipulated.
3.3.4. No payment shall be deemed to have been received until the Company has received cleared funds. In the event that any payee tenders payment by cheque and said cheque is returned unpaid to the Company, the payee shall reimburse the Company for any bank charges incurred by the Company.
3.3.5. All payments payable to the Company under the CSA shall become due immediately on its termination despite any other provision.
3.3.6. All payments due under the CSA shall be made in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the payor has a valid court order requiring an amount equal to such deduction to be paid by the Company to the payor.
3.3.7. If a payor fails to pay the Company any sum due pursuant to the Contract, they shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5 % above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after any judgement.
3.3.8. Where a payment is due from the Customer, any failure by the Customer to pay the Company any sum within 30 days of the due date for payment shall entitle the Company, at any time and without notice to the Customer and without limiting any other remedy available to the Company under the Conditions, the CSA, or otherwise:
3.3.8.1. to disable any password, account and access to all or part of the Services provided to the Customer and/or to suspend or cancel the performance of the Services;
3.3.8.2. to treat the CSA as having been repudiated by the Customer;
3.3.8.3. to terminate the CSA; and
3.3.8.4. to terminate any other subsisting contract with the Customer.
3.4. Where the customer has subscribed to the Purchase Method: ‘Standard’
3.4.1. Payment will be made in advance prior to setting up new applications. Payment can be made by card over the phone, BACS or cheque on pro-forma invoice.
3.5. Where the customer has subscribed to the Purchase Method: ‘Credits’
3.5.1. System credits will be purchased in advance. Personnel Checks will debit your account each time a check is submitted for processing.
3.5.1.1. System credits can be purchased in batch numbers
3.5.1.2. Once credits have been purchased, they are non-refundable
3.5.1.3. Credits will expire and can no longer be issued after 2 years
3.6. Where the customer has subscribed to the Purchase Method: ‘Monthly Invoicing’
3.6.1. Personnel Checks will send the Customer an invoice at the end of each month for all applications that have been processed within that month. Payment is due on receipt of the invoice.
3.6.2. The Company reserves the right to vary the Contract Charges by a fair and equitable amount as necessary to reflect any changes to the Services which may be required following a supplier Procedure Change.
3.6.3. The charge for this service by Personnel Checks is indicated on the New Account Onboarding Form.
3.6.4. All Applications that have already been processed or begun to be processed are non-refundable.
3.6.5. The Company shall be entitled to increase the Application Fee upon 30 days prior notice to the Customer.
3.6.6. The Fee is payable even if an applicant declines the offer of employment.
Applicable Definitions
Applicant: means an individual who is the subject of a Background Check or makes an Application;
Application: means an application made for a Background Check;
Application Fee: means the fees payable as specified in the Charges;
Application Form: means the form which an Applicant must complete to apply for a background check to be carried out by Personnel Checks;
Approved Service: means the Service or Services which Personnel Checks have agreed to deliver to the customer;
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 the Company (as required by the Company) for access to data from the Company via the Online Account. Personnel Checks will only be able to exchange information with the named Authorised Users;
Background Check: means any background check carried out by Personnel Checks by means of the Experian System, using the information provided to Personnel Checks in an Application Form;
Background Checking Service: the services provided by Personnel Checks to the Customer under these Background Checking Services Terms to carry out Background Checks upon the submission of Application Forms;
Check Creation Method: means they method by which Applications will be ‘set-up’;
Experian: Experian Limited, a company registered in England and Wales with company number 653331 and with registered offices at The Sir John Peace Building, Experian Way, NG2 Business park, Nottingham, NG801ZZ.
Experian System: [The portal used to conduct the Background Checking Services]; and
Product Family: means the group to which the service belongs;
Purchase Method: The purchase method indicates how The Customer will procure Services from Personnel Checks;
Self-service: means the elements of the System (including third party systems) which may be used by a Customer to set up and submit background screening checks itself;
Self Service Tools: means the elements of the System (including third party systems) which may be used by a Customer to submit DBS checks itself;
Valid Registration: a valid data protection registration which covers the processing of Personal Data required for Personnel Checks to provide the Background Checking Services and the Customer’s use of the outcomes or results of each Background Check;