List 99 Checking Service Schedule
In this schedule, the term “Service” refers to the List 99 Checking Service offered by Personnel Checks. This Service Schedule applies if the Approved Services on the New Account Onboarding Form belong to the List 99 Checking Product Family.
1. SERVICE DETAILS
1.1. Personnel Checks will process List 99 Checks as set out in this section.
1.2. Results of List 99 Checks will only be sent to the confirmed ‘Recruitment Decision Makers’
2. CUSTOMER OBLIGATIONS
2.1. The Customer confirms that they will notify applicants that the List 99 Check is being carried out and make all applicants aware of Personnel Checks’ privacy policy prior to requesting the check with the Company.
2.2. The Customer shall ensure that all Authorised Users comply with the Authorised User Requirements that apply to the provision of the Service.
2.3. The Customer warrants and represent that it shall only use the Service for its own internal business purposes in its capacity as an employer
2.4. 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: ‘Standard, Credits or Monthly Invoicing’;
3.2.1. The Customer shall pay the Application Fee and any other Fees that are payable to the Company.
3.2.2. 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.
3.2.3. 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.
3.2.4. 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.
3.2.5. All payments payable to the Company under the CSA shall become due immediately on its termination despite any other provision.
3.2.6. 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.
3.2.7. 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 judgment.
3.2.8. 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:
3.2.9. 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;
3.2.9.1. to treat the CSA as having been repudiated by the Customer;
3.2.9.2. to terminate the CSA; and
3.2.9.3. to terminate any other subsisting contract with the Customer.
3.3. Where the customer has subscribed to the Purchase Method: ‘Standard’
3.3.1. 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.
3.4. Where the customer has subscribed to the Purchase Method: ‘Credits’
3.4.1. System credits will be purchased in advance. Personnel Checks will debit your account each time a check is submitted for processing
3.4.2. System credits can be purchased in batch numbers
3.4.3. Once credits have been purchased, they are non-refundable
3.4.4. Credits will expire and can no longer be issued after 2 years
3.5. Where the customer has subscribed to the Purchase Method: ‘Monthly Invoicing’
3.5.1. Personnel Checks will send the Customer an invoice at the end of each month for all List 99 Checks that have been completed within that month. Payment is due on receipt of the invoice.
3.6. 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 Procedure Change
3.7. The charge for this service by Personnel Checks is indicated on the New Account Onboarding Form
3.8. Once a List 99 Check has been carried out the fee is re non-refundable
3.9. The Company shall be entitled to increase the Application Fee upon 30 days prior notice to the Customer
3.10. The Fee is payable even if an applicant declines the offer of employment, this fee should be borne by the Customer for the applicant being processed
3.11. The Company shall be entitled to increase the Application Fee upon 30 days prior notice to the Customer
Applicable Definitions
Applicant: means an individual who is the subject of or makes an Application.
Application Fee: means the fees payable as specified in the Charges
Application Form: means the form which an Applicant must complete for the purposes of a Disclosure Application;
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;
Contract Term: means the period of the contract for the agreed Services
List 99 Check: a check on an Applicant against the Children’s Barred List
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;
Recruitment Decision Maker: the nominated Authorised User’s who are responsible for receiving notification of the result of services to help them make a sound recruitment or suitability decision;