The Reference Checker (Recruitment) Limited - Terms and Conditions

By completing and submitting the form and/or accessing the The Reference Checker online service (“The Reference Checker”, or the “service”) on a Trial or Paid for account, you represent that you are over the age of 18 to register for the service (if you are using the service as an individual). If you are signing up your company to use the service, you represent that you have complete authority to enter into this agreement on behalf of your company. If you are entering into this agreement on behalf of your company, the term “you” in this agreement means your company and all of its employees. Either as an individual or on behalf of your company, you are agreeing to all the terms of this subscription service agreement (the “service agreement” or “this agreement”), our Terms and Conditions, our Data Processing Addendum, our Privacy Policy and our GDPR Statement.

Note: New clients may sign up for a trial. During your trial period you can try all available features FREE OF CHARGE.

At the end of the trial period a member of our team will contact you to see if you wish to continue to use The Reference Checker as a PAID for service.

You are under no obligation to continue using The Reference Checker after the trial period. If you continue to use our service after your trial period, The Reference Checker will set a Live Billing date and confirm your selected services and monthly charges.

The Service
The Service consists of a browser interface, data encryption, data transmission, data access, data storage and, if applicable, synchronization software.

As used in this Agreement the terms “You” and “Yours” encompasses each user accessing the Service by means of a valid account established by You including, if you are a corporation, all employees of Your corporation.

You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party charges incurred while using the Service.

The Reference Checker makes no guarantees as to the continuous availability of the Service or of any specific feature(s). The Reference Checker will inform you of any significant changes to the Service or to the terms and conditions of this Agreement.

Use of The Reference Checker
The Reference Checker grants to You subject to the terms and conditions of this Service Agreement, an individual, personal, non-sub licensable, non-exclusive and non-transferable license to use The Reference Checker, in object code form only, and only in accordance with the applicable end user documentation and in conjunction with this Service Agreement, our Data Processing Addendum, our Privacy Policy and our GDPR Statement.

Neither You and if You are a company, none of Your employees will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the The Reference Checker product; modify, translate, or create derivative works based on the The Reference Checker product; or rent, lease, distribute, sell, resell, assign, or transfer rights to the The Reference Checker product; or remove any proprietary notices or labels on the The Reference Checker products. Because The Reference Checker is proprietary, You agree not to publish or disclose to third parties any evaluation of The Reference Checker’s Software without The Reference Checker’s prior written consent. You acknowledge that The Reference Checker retains exclusive ownership throughout the world of all The Reference Checker products, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate, and You, and any users accessing the Service by means of a company account, will cease to use or have access to the The Reference Checker product.

Date Ownership
All data uploaded and stored within The Reference Checker is legally owned by You. The Reference Checker will not under any circumstances contact, share, rent, sell, or trade any stored data to any other third party unless required to do so by Law.

Restrictions and Policies
General Use. You will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such. You agree not to transmit or permit Your employees to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend, indemnify, and hold The Reference Checker blameless against any claim or action that arises from Your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.

Support
The Reference Checker, or its designee(s), shall provide e-mail and or ‘Live Support’ between 9:00am and 5:00pm Monday-Friday (GMT), except on public holidays, but has no obligation to provide You with hard-copy documentation, upgrades, enhancements, modifications, or other support unless specifically contracted for. Support hours provided by The Reference Checker re-sellers are pursuant to their normal business hours, which may differ from those of The Reference Checker’s or The Reference Checker’s designees.You agree to allow The Reference Checker to have access to your Account and the Data held within for the purposes of delivering support and troubleshooting reported issues.

Training
Paid for training is available on request. Please contact our customer services for further details.

Emails
You are responsible for all content sent via email in accordance with point 3. Restrictions and Policies. General Use. The Reference Checker will not be held responsible for any issues, complaints or blacklisting that a rise from using this functionality or any abuse of the system.

What The Reference Checker don’t do for the avoidance of doubt. The Reference Checker do not act as your ISP or email provider therefore accept no liability what so ever for emails undelivered to us by said provider(s) for storage. The Reference Checker will not engage in correspondence with Your ISP and or Exchange provider. You are responsible for said communications.

The Reference Checker will endeavour to forward on any emails that are set directly to us within 24 hours of us receiving them. Emails will only be forwarded during working hours Monday – Friday 9am – 5.30pm GMT excluding bank holidays and public holidays. If an email is forwarded to you in error you agree to delete it immediately upon notification from The Reference Checker. If an email is forwarded in error, you agree The Reference Checker shall not be liable in any event for loss or inaccuracy of data, loss of profits or revenue, or indirect, special, incidental, or consequential damages (including, without limitation, the cost of any substitute procurement), whether or not foreseeable and even if The Reference Checker has been advised of the possibility of such damages.

Provision of Contact and Billing Information and Payment of Fees
The terms of Your The Reference Checker account require You to pay for the Service once the trial period has expired and you have chosen to continue with the service. You agree to provide The Reference Checker with accurate billing information including Your legal name, company name, address, e-mail address, and telephone number, and to update this information if it changes. If the contact information You provide is false or fraudulent, The Reference Checker reserves the right to terminate Your access to the Service immediately.

The Reference Checker reserves the right to change the fees, and to institute new charges at any time, upon sixty (60) days prior notice to You. This communication will be sent by e-mail to registered Administrators.

Fees are automatically charged monthly in advance on the anniversary of Your signup date (Live Billing Date). Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.

All accounts are to be settled by Direct Debit, valid credit or debit card for UK clients, International clients can pay by a valid credit or debit card or International Electronic bank transfer.

All invoices are due for payment immediately, however our reminder cycle allows 14 days before the account and all user licences are suspended.

Whilst your invoice remains unpaid you will not be able amend your account.

Any account which is suspended for more than 90 days will be considered delinquent and will be terminated without any obligation on the part of The Reference Checker to maintain or retain Your data.

If You believe The Reference Checker has billed You incorrectly, You must contact The Reference Checker accounts department immediately stating the error or problem that has occurred, in order to receive an adjustment or credit if applicable.

You are responsible for any charges incurred when making payments to The Reference Checker. All payments must be for the full Invoice value including any bank charges.

All prices are subject to VAT at the applicable rate.

Licenses and Fair Usage Policy
The usage licenses is assigned to the Legal Entity that signed up to use the product. That Legal Entity and those staff directly employed by the Legal Entity are the only ones allowed to use the Licenses. It is expressly forbidden under any circumstances for the licenses to be resold or for the licenses to be used to deliver a service to others.

We don’t impose hard limits on the amount you use The Reference Checker but we ask you to be fair. If we feel that the number of Reference Requests exceeds what a typically number of users should generate, we reserve the right to contact you to bring to your attention the higher than normal usage and discuss additional fees to cover the additional usage. That may be moving to you to the next level of license up from your current one, or, agreeing a higher upper limit for a fee.

Passwords and Security
You are entirely responsible for maintaining the confidentiality of Your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You). Furthermore, You are entirely responsible for any and all activities that occur under Your account (including, the accounts of each user accessing the Service by means of an account established by You), and You shall ensure that You exit from Your account at the end of each session. You shall notify The Reference Checker immediately of any unauthorised use of Your account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You) or any other breach of security. The Reference Checker cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.

Browser and operating system policy
The Reference Checker operates in the following browsers Google Chrome and Firefox running on Windows or Mac operating systems.
The Reference Checker requires users to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in your browser.

Please refer to our Privacy Policy for more information on cookies.

Termination
This Service Agreement is a monthly agreement, renewable unless either party requests termination of the agreement by giving thirty (30) days’ notice. You will pay in full for the Service up to and including the last day of the contract term and notice period. To cancel the Service, You must contact us and confirm your request by email.

The Reference Checker will delete archived data but will not do so until ninety (90) days after the termination of this Agreement.

The Reference Checker will not communicate this and will remove all data and close the account.

Upon termination, You will immediately cease all use of the Service, including the The Reference Checker product and any documentation.

Delinquent accounts must be brought to good standing in order to retrieve data. Termination is not an exclusive remedy and all other remedies will be available whether or not the license granted herein is terminated. Notwithstanding the foregoing, if You are dissatisfied with the Service, the materials available on or through the Service, or with any of The Reference Checker’s terms and conditions, Your sole and exclusive remedy is to discontinue using the Service.

Warranty and Disclaimer
The service is provided “as is” without warranty of any kind, and The Reference Checker disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose and non infringement. Some countries do not allow limitations on implied warranties, so the above limitation may not apply to you. The Reference Checker does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the service is done at your risk and you will be solely responsible for any damage to your computer system or network, or loss of data that results from use of the service.

Limitation of Liability
The Reference Checker’s total liability with respect to the subject matter of this service agreement (including, but not limited to, liability arising out of contract, tort, strict liability, breach of warranty or otherwise), will be limited to the fees paid by you to The Reference Checker for the service under this service agreement in the 3 months prior to the act of injury that gave rise to the liability. Neither The Reference Checker nor its licensors shall be liable in any event for loss or inaccuracy of data, loss of profits or revenue, or indirect, special, incidental, or consequential damages (including, without limitation, the cost of any substitute procurement), whether or not foreseeable and even if The Reference Checker has been advised of the possibility of such damages.

Miscellaneous
This Agreement is between The Reference Checker and You and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by You). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by You except with The Reference Checker’s prior written consent. This agreement will be governed by and construed in accordance with English law. You and The Reference Checker agree to submit to the exclusive jurisdiction of the courts located in England. You and The Reference Checker agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind The Reference Checker in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly served, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.