ESTATECREATE LIMITED TRADING AS CREDIT BUILDER:
CONTRACT FOR SERVICES; PROSPECTIVE TENANT
This contract for services is an agreement setting out the terms and conditions regulating the relationship between Credit Builder and you.
It is legally binding.
The following are defined terms:
Applicant the person wanting to become a tenant or licensee of a relevant property.
Application Information Information We get from You that give to Us so that we can perform the Services.
Charges the fees You pay for the Services. This will be Our current price (plus any VAT payable) as at the time of purchase.
Credit Builder the tenant referencing service hosted at www.creditbuilder.co OR www.creditbuilder.co.uk
Commencement Date means the date on which We provide you with access to the Services on the Website.
Confidential Information (as the context may require) any information concerning trade secrets, customers, business dealings, transactions or affairs which may come to the notice of the other party; and any information and/or knowledge relating to the methods or techniques We use to provide the Services and/or Information. These include any tapes, documents or other materials.
Information the results, reports and the information that We give You, including any information that does not directly relate to the Services.
Services (a) the online pre-screening we provide to You which includes ID and credit check services using Lexis Nexis, verification of employment details and income details of Applicants, and sourcing and verification of status of previous leasehold and licence payments.
We or Us or Our Estatecreate Limited (trading as Credit Builder) a company registered in England and Wales with company number 06289199 with its registered office at Sg House, 6 St. Cross Road, Winchester, Hampshire, England SO23 9HX.
Website the website at www.creditbuilder.co or another website through which we deliver the Services.
You or Client means the person We accept to provide the Services to under this contract for services.
2. DURATION AND APPLICATION
3. THE SERVICES
3.1. We will provide the Services and Information in accordance with these terms and conditions. Your use of the Services and Information is subject to these terms and conditions.
3.2. We have the right to stop providing the Services at any time if the information we need to provide the Services is unavailable. If this happens, We will refund any advance payments You have made in respect of Services that have not been provided.
3.3. We reserve the right to vary these terms and conditions from time to time. You will be responsible for ensuring You read these terms every time You access the Website to ensure that You understand and agree to the terms and conditions.
3.4. We strongly recommend You review these terms and conditions on a regular basis as You will be deemed to have accepted any such variations if You continue to use the Services after they have been posted.
4. PAYING CHARGES
5. INFORMATION MANAGEMENT
5.1. All of the intellectual property rights (including copyright) in the Information belongs to Us or our licensors. You will not own any of the intellectual property or have any rights to own the intellectual property. You may only make copies of the Information that You reasonably need for the purposes set out below.
5.2. The rights granted to You to use the Information and the Services are personal to You and You may only use the Information and the Services for the internal purposes of verification of You.
5.3. Unless required by law, You must:
5.3.1. keep the Information strictly confidential;
5.3.2. not publish the Information;
5.3.3. not give the Information to anyone else; and
5.3.4. not copy, distribute or commercially exploit the Information unless these terms and conditions allow You to.
5.4. You must not use, or allow others to use, the Services or Information (or both) to provide authentication, fraud prevention or any other information-based services to anyone else.
6. CONFIRMATIONS; ACKNOWLEDGEMENTS
6.1. You confirm and undertake the following:
6.1.1. You agree to our use of the information provided to us by third parties to make decisions about your status;
6.1.2. You acknowledge that credit reference agencies, banks, employers and previous landlords may supply us with public and private information; and fraud prevention information;
6.1.3. You agree to credit reference and fraud prevention agencies, banks, employers and previous landlords processing your data in accordance with our policy which relates to the use of personal data.
6.2. You acknowledge that Information given at the point of application is provided to credit reference and fraud prevention agencies, banks, employers and previous landlords and may be used by them and us for:
6.2.1. Preventing crime, fraud and money laundering by, for example when checking details provided on applications for credit and credit related facilities, insurance proposals and claims, applications for jobs or when checked as part of employment, plus other similar facilities;
6.2.2. Verifying identity should where You apply for other facilities;
6.2.3. Performing on-going checks when managing existing agreements;
6.2.4. Tracing in order to recover debts that You owe; and
6.2.5. Undertaking statistical analysis and system testing.
6.3. You acknowledge that:
6.3.1. If false or inaccurate information is provided and fraud is suspected or identified this will be recorded and may be passed to Fraud Prevention Agencies and other organisations involved in crime and fraud prevention;
6.3.2. Information provided to credit reference and fraud prevention agencies as part of this Application will be retained for 6 months; and
6.3.3. In processing this information, credit reference and fraud prevention agencies may use the services of third parties, possibly based outside the UK or European Economic Area.
7.1. You will comply with any rules and guidelines that We reasonably prescribe in relation to the manner in which We provide the Services. We will adopt such technological and organizational measures necessary to ensure the security of the Information.
7.2. Where Client identification (Client ID) Client ID is provided, You are responsible for making sure that You keep Your Client ID secure. We will not be responsible for any losses (whether direct, indirect or consequential) arising from anyone using Your Client ID, whether authorised by You or not.
7.3. You confirm that You will:
7.3.1. maintain appropriate technical and organisational security measures and procedures to prevent the accidental or unauthorised disclosure of Your Client ID or its use by unauthorised people;
7.3.2. tell Us as soon as You become aware that anyone has found out or used Your Client ID without Your permission, or if any equipment You use to access the Services is stolen; and
7.3.3. be responsible for all Charges connected to the Client ID, whether or not You agree to these Charges.
7.4. We may cancel or suspend Your use of the Client ID if:
7.4.1. You break any of Your obligations under these terms and conditions; or
7.4.2. We are told about, or become aware of, any unauthorised or improper use of Your Client ID (either by You or by someone else), or that any equipment You use to access the Services has been stolen.
8.1. You acknowledge that the Information is based on information other people give to Us and that We cannot control the accuracy or completeness of this information, which may also contain advice or opinions.
8.2. We use all reasonable skill and care to provide the Services. However, You agree that it is reasonable for Us to limit Our liability. In particular, We:
8.2.1. do not guarantee how accurate or complete the Information is, or how valid any advice or opinion We give is; and
8.2.2. are not responsible for any loss of any kind which You suffer as a result of a claim made by someone who We have Information, advice or an opinion about.
8.3. We are not liable to You for any of the following as a result of Our negligence or Us breaking the contract or any other liability or obligation:
8.3.1. Indirect or consequential loss;
8.3.2. Loss of profit, loss of sales or increase in (or failure to reduce) bad debts; and
8.3.3. Loss of business or business use.
8.4. Our total liability to You in any one year (starting on the date on which you first use the Services or any subsequent anniversary of that date) for all claims for negligence, breaking the contract, or other liability or obligation is limited:
8.4.1. In the first year Our total liability will be limited to and will not exceed the Charges payable by You for the Services provided during that year; and
8.4.2. In subsequent years Our total liability will be limited to and will not exceed the Charges payable by You for the Services provided in the previous year.
8.5. As far as We are allowed by law, We exclude and do not give any warranties, undertakings, representations, guarantees, terms (either express or implied) or conditions that:
8.5.1. the Services or the Information (or both) are fit for a particular purpose;
8.5.2. the provision of the Services or Information (or both) will be uninterrupted, timely, secure or error-free;
8.5.3. the Services or the Information (or both) will not affect anyone else's intellectual property; or
8.5.4. the Services or Information (or both) will meet Your requirements.
8.6. Nothing in these terms and conditions excludes Our liability for death or personal injury arising out of Our negligence.
8.7. You will protect Us, and keep Us fully protected, against any claims or actions made or brought against Us as a result of:
8.7.1. You making the Information inaccurate or incomplete (whether by something You do or something You don't do); or
8.7.2. You using the Services.
8.8. This protection will include all losses, damages, costs and other expenses (including any payments We make to settle any claims or actions on the advice of Our lawyers) that We have to pay, and You promise to pay Us or reimburse Us for any loss, damage, cost or other expense. This protection will not apply if We are at fault.
9. GENERAL CONFIDENTIALITY
9.1. You and We will both make sure that our officers, employees and agents do not pass any confidential information about the other to anyone else. This will not affect any of the other part of these terms and conditions.
9.2. These terms and conditions do not apply to any confidential information which:
9.2.1. either You or We are required to divulge by a Court, tribunal or governmental authority with competent jurisdiction;
9.2.2. is already public knowledge, other than where either You or We break these confidentiality conditions;
9.2.3. the person who was told already knew (shown in written records); or
9.2.4. was independently received from someone else, without that person breaking any confidentiality obligations they have to either You or Us.
9.3. You grant Us a perpetual, royalty-free, transferable licence to use data relating to Your use of the Services and Your payment record within our other products and services.
10. APPLICATION INFORMATION
11. CO-OPERATION AND HELP
12. ENDING THE CONTRACT
12.1. We shall be entitled to suspend or terminate Your entitlement to receive the Services at any time. We will however fulfil any orders for Services received by You prior to the termination or suspension (unless the reason for this is that we suspect that the Services are being used fraudulently or for the purposes of fraud).
12.2. We will invalidate Your Client ID as soon as termination occurs.
12.3. Termination of these terms and conditions will not affect:
12.3.1. any other rights either You or We gained before the terms and conditions ended; or
12.3.2. any part of these terms and conditions that apply even when the terms and conditions ended.
12.4. As soon as the contract ends, You must give Us back all copies of Our confidential information.
13. DATA PROTECTION AND FOLLOWING THE LAW
13.1. Both of Us agree that, in relation to providing and using the Services (as appropriate), We will both follow all relevant legislation and regulations. These include without limitation:
13.1.1. the Data Protection Act 1998 (including the Data Protection principles);
13.1.2. all amendments to the Data Protection Act 1998; and
13.1.3. any regulations or requirements made by any governmental authority or equivalent body.
13.2. You consent to the processing of personal data outside of the European Economic Area where We think it is commercially appropriate to do so (provided we have acted within the relevant law).
13.3. You also agree to follow the code of conduct relating to the Services that has been approved by the Office of the Information Commissioner. This will not affect Your obligations to follow any statutory requirement.
14. EVENTS BEYOND OUR CONTROL
14.1. If either of us cannot carry out our obligations because of events beyond our control, whoever cannot perform their obligations will tell the other. Their obligations will be suspended and they must do all they can to put the situation right as soon as possible.
14.2. Events beyond our control include (without limitation) the following acts or circumstances which neither of us can prevent:
14.2.1. Acts of God;
14.2.2. Strikes, lockouts or other industrial disturbances;
14.2.3. Wars, blockades, riots, epidemics, landslides, lightning, earthquakes, fires, storms, civil disturbances and terrorism;
14.2.4. Governmental regulations and directions;
14.2.5. Any failure of hardware, software, telecommunications services or equipment which We use to provide the Services, which is due to the fault of someone else; and
14.2.6. Any other cause that is not within Our or Your reasonable control.
15. GIVING YOU INFORMATION
16. TRANSFERRING RIGHTS
17. DECIDING WHETHER TO ENFORCE RIGHTS
18. ENTIRE AGREEMENT
18.1. These terms and conditions are the whole agreement between both of us for the Services. They take the place of all previous negotiations, understandings and representations between us in respect of the Services (except if either of us agreed to these terms and conditions as a result of the other side’s fraudulent misrepresentations).
19. REMOVING TERMS OR CONDITIONS
21.1. All notices must be in writing and sent by recorded-delivery post, fax or e-mail. If We write to You, We will use the address, fax number or e-mail address that You give in Your application to receive the Services. You can write to Us at the registered office address as shown on the Website.
21.2. All notices are considered to have been received:
21.2.1. two working days after being posted if posted to the correct address;
21.2.2. one hour after being sent if sent by fax to the correct fax number;
21.2.3. one hour after the person it is addressed to starts work if sent by fax outside their normal working hours; and
21.2.4. when a receipt notice is received if sent by e-mail to the correct e-mail address.
21.3. If You or We send a notice by fax, the original fax must be put in the post on the same day that the fax is sent.