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Terms of Business

  1. DEFINITIONS
    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 DBS Check or Disclosure
      • “The Service Provider” means DBS Services, 16 Arden Court, Horbury, Wakefield, WF4 5AH
      • “DBS” means the Disclosure and Barring Service, PO Box 110, Liverpool, L69 3EF
      • “Disclosure Scotland” means Disclosure Scotland, PO Box 250, Glasgow, G51 1YU
    2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
    3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
    4. The Service Provider reserves the right to make changes to these Terms and Conditions at any time.
  2. THE CONTRACT
    1. These Terms constitute the contract between the Service Provider and the Customer/Applicant for the supply of Disclosure and Barring Service/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 DBS/Disclosure Scotland Services.
    2. No variation or alteration to these Terms shall be valid unless approved by the Service Provider in writing.
    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/SERVICE
    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 DBS/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.
    2. The fee for a Disclosure is a processing fee and it is charged at the point of application.
    3. Payment should accompany the application form unless arrangements as per 3.4 have been made.
    4. By arrangement, the charges can be invoiced to the Customer when the application form has been submitted to the DBS/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.
    5. The Customer/Applicant is responsible for charges and other expenses relating to their application unless otherwise arranged.
    6. The Customer/Applicant is responsible for charges and other expenses relating to their application unless otherwise arranged even if the application is rejected by the DBS/Disclosure Scotland.
    7. Disclosure Scotland application forms (from eligible individuals) paid up front through our application system will be countersigned by the Service Provider within 3 working days (during normal working hours) and forwarded to the appropriate agency for processing subject to an accurately completed application form with no further queries.
    8. DBS/Disclosure Scotland application forms paid up-front through our online application system will be countersigned by the Service Provider within 5 working days (during normal working hours) and forwarded to the appropriate agency for processing subject to the Customer’s approval (by an authorised Applicant/Manager) and receipt of an accurately completed application form with no further queries.
    9. Applicant’s Failure to Complete Process –Where an Applicant fails to provide requested information or documentation within 56 days, the Service Provider reserves the right to withdraw the application and request the process be re-started. This will incur an additional DBS/Disclosure Scotland charge plus the Service Provider’s counter-signatory/admin fee.
    10. Customer’s Failure to Complete Process –Where a Customer fails to provide requested information or documentation within 56 days of approving an application form, the Service Provider reserves the right to withdraw the application and request the process be re-started. This may incur an additional DBS /Disclosure Scotland charge plus the Service Provider’s counter- signatory/admin fee.
    11. The Service provider will inform the Primary Contact Manager of the date of dispatch of the certificate from the Disclosure and Barring Service, it is the Primary Contact Manager responsibility to request to view the Certificate once received by the applicant.
    12. Disclosure Scotland returns application results as a paper certificate. Within 5 working days of receipt of the paper certificate, the Service Provider dispatches the paper certificate, by Post, to the Applicant, to the current home address, provided by the Applicant on their application form; or with the Applicant’s permission/knowledge, to their Employer (the Customer).
  4. LIABILITY
    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.
    2. The Service Provider is not responsible for the information produced on the final Disclosure and Barring Service/Disclosure Scotland Disclosure Report/Certificate. This is produced by the DBS/Disclosure Scotland and the Service Provider does not have any involvement with the production of this report.
    3. Whilst every effort is made by the Service provider to ensure the information provided by the Customer/Applicant on the DBS/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 DBS/Disclosure application form which has been signed by the Customer/Applicant.
  5. TERMINATION
    1.  The Customer/Applicant will inform the Service Provider immediately in writing if they wish to withdraw their application. A reimbursement will be credited to the Customer/Applicant provided a formal cancellation has been received. However, if the application has already been counter signed by the Service Provider and forwarded to the Disclosure and Barring Service /Disclosure Scotland, the applicable charges and related expenses will still apply.
  6. LAW
    1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts in England & Wales.