Terms And Conditions

Contents

1            Introduction....................................................................................................................... 2

2            Information we give you..................................................................................................... 2

3            Your privacy and personal information................................................................................. 3

4            Ordering services from us.................................................................................................. 3

5            Right to cancel................................................................................................................... 4

6            Effects of cancellation........................................................................................................ 4

7            Carrying out of the services................................................................................................ 5

8            Payment........................................................................................................................... 5

9            Nature of the services........................................................................................................ 6

10          Faulty services.................................................................................................................. 6

11          End of the contract............................................................................................................. 6

12          Limit on our responsibility to you......................................................................................... 7

13          Disputes............................................................................................................................ 7

14          Third party rights................................................................................................................ 7

 

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it;

if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;

if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.


This contract sets out:

•               your legal rights and responsibilities;

•               our legal rights and responsibilities; and

•               certain key information required by law.

In this contract:

•               ‘Basic Check’  means a form of check with The Disclosure and Barring Service  which reveals details of any unspent convictions or conditional cautions the applicant has

•               ‘Enhanced Check’ means a form of check with The Disclosure and Barring Service  which reveals the same information as a standard check, as well as any relevant information held by the applicant’s local police force.

•               ‘Enhanced Check with check of the barred list’ means a form of check with The Disclosure and Barring Service  which reveals the same information as an enhanced check and shows whether the applicant has been barred from working with children and/or vulnerable adults.

•               ‘Standard Checks’ means a form of check with The Disclosure and Barring Service  which reveals details of any spent or unspent convictions, cautions, reprimands or warnings the applicant has, as long as they’re not protected.

•               ‘Third Party’ means uCheck which is recognised by The Disclosure and Barring Service  as a top responsible organisation for Basic checks and a registered Third party for Standard Checks and Enhanced Checks

•               ‘We’, ‘us’ or ‘our’ means Application Assist Limited t/a We and

•               ‘You’ or ‘your’ means the person using our site to buy services from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

•               email [email protected] Emails will be responded to, eg Monday to Friday: 9 am to 5 pm excluding bank holidays.

Who are we?

We are Application Assist Limited  (trading as We) a company registered in England and Wales under company number: 11706868

Our registered office is at: Office 9 Njk House Unit B2, Haslingden Road, Blackburn, England, BB1 2EE

Our VAT number is: 331277911

We are regulated by the Information Commissioner's Office (I.C.O) Reference – ZA542832.

The details of this contract will not be filed with any relevant authority by us.
Who we are not.

Please be aware that we are not the UK Government, or anybody or a department of it including the Department for Work and Pensions (DWP), HMRC, The Disclosure and Barring Service or the Job Centre Plus, nor do we have any affiliation with the aforementioned. For the UK Government and its application services, please access https://www.gov.uk/.


1              Introduction

1.1          If you buy services on our site you agree to be legally bound by this contract.

1.2          This contract is only available in English. No other languages will apply to this contract.

1.3          When buying any services you also agree to be legally bound by:

1.3.1      our website terms and conditions and any documents referred to in them;

1.3.2      our Refund Policy

1.3.3      extra terms which may add to, or replace some of, this contract. This may happen for if any third party or statutory body supplying part of the services alters their own conditions, rules or processes. We will contact you to let you know if we intend to do this by giving you one month’s notice;

All of the above documents form part of this contract as though set out in full here.

 

2              Information we give you

2.1          By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1      click Frequently Asked Questions;

2.1.2      read the acknowledgement email (see clause 4.3); or

2.1.3      contact us using the contact details at the top of this page.

2.2          The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3          If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3              Your privacy and personal information

3.1          Our Privacy Policy is available at https://dbscheckonline.org.uk/privacy-policy.

3.2          Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

 

4              Ordering services from us

4.1          Below, we set out how a legally binding contract between you and us is made.

4.2          You place an order on the site by selecting the Apply Now button and completing the online form , or through our telephone agents. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

4.3          When you place your order at the end of the Online/manual process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

4.4          We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.4.1      we cannot carry out the services (this may be because, for example, we have a shortage of staff);

4.4.2      we cannot authorise your payment;

4.4.3      you are not allowed to buy the services from us;

4.4.4      we are not allowed to sell the services to you; or

4.4.5      there has been a mistake on the pricing or description of the services.

4.4.6      You have not supplied the information necessary for us to supply the services to you;

4.5          We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.5.1      a legally binding contract will be in place between you and us; and

4.5.2      we will provide the services as agreed during the Online/manual application process.

4.6          If you are under the age of 18 you may not buy any services from the site.

 

5              Right to cancel

5.1          You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period. This is further explained in clauses 5.6 and 5.7 below.

5.2          The cancellation period will expire after 14 days from the day of the conclusion of the contract.

5.3          To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email) using the contact details at the top of this contract. You may use the model cancellation form available here found in our Refund Policy (see Schedule 2), but it is not obligatory.

5.4          To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.5          We will not start providing the services during the 14-day cancellation period unless you ask us to. In the Confirmation Email, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (i.e. the work is completed). If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.

5.6          This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

5.7          This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this contract. See also clause 10 below.

 

6              Effects of cancellation

6.1          If you cancel this contract, we will reimburse to you all payments received minus any administration fees, from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:

6.2          We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

6.3          We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.4          Please be aware you void the right to a refund if you have uploaded documents to your application.

6.5          Duplicate orders. You will be eligible for a partial refund if both orders are placed 1.5 hours of each other, and you email within 1.5 hours of the second order. Anything outside of this time frame voids your right to a refund.

6.7          You have 3 weeks from our last communication to complete any relevant steps needed, if there is no communication, you will receive an email to advise the contract is due to end. Once this email has been sent, you will have 7 days to contact us. If no contact has been received within the 7 days, the contract between Us and you will come to an end. If you get in touch with us after the contract has ended, you will be required to submit a new application, however we may charge a fee to reinstate the application. This will be dependent on the circumstances.

 

 

7              Carrying out of the services

7.1          We must carry out the services by the time or within the period set out during the online checkout process, or manual application process and in the Confirmation Email (see clause 4.5). If you and we have agreed no time or period, this will be within a reasonable time.

7.2          Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed.

7.3          We offer an online application service available 24/7; however the submission of your application is done manually during our working hours (9.00am – 5.00pm, Monday to Friday, excluding banks holidays), During the order process you will have the option to select the relevant processing timescales for when we will provide the services to you should we accept your order. 

7.4          Your identity will be checked by us prior to it being submitted to our third party then to The Disclosure and Barring Service.  All certificates are processed at the final stage by The Disclosure and Barring Service.

7.5          The estimated completion date for the services is as told to you during the order process.  Please be aware that the Fast Track Service offered on our website only provides for us to expedite your application. It will enable us to prioritise in checking, preparing, processing, and reviewing your application. It will not provide you with any expedited service by The Disclosure and Barring Service.

7.6          We shall contact you through the process including to advise you when we have begun the process, submitted an application and completed processing your information.

7.7          We are not responsible for:

7.7.1      For delays outside our control. If our supply of the services is delayed by an event outside our control (including the actions or omissions of you or a third party) then we will contact, you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event;

7.7.2      Where you do not allow us access to provide services (where applicable). If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange performance of the services we may end the contract and clause 9.2 will apply; and

7.7.3      For the ultimate decision of The Disclosure and Barring Service. If The Disclosure and Barring Service finally determine that you are not entitled to receive the requested The Disclosure and Barring Service documents, then you agree and acknowledge that this falls outside of our determination and that we shall not be liable to issue you with any refund of monies paid for the services to date.

7.8          We offer a fast track service.

7.8.1      This service offers a 3 working hours processing rate.

7.8.2       If you have selected the fast track service this will not commence until you have uploaded documents.

7.8.3       Please note if you have uploaded documents outside of our 9am -5pm working hours, Monday to Friday, the 3 hour fast track service will not begin till the working hours commence.

7.8.4      When you have submitted your documents and there is an error with what has been submitted, We will not take responsibility for delays outside the 3 hour time frame.

7.8.5      The fast track service is for the processing of your application, You will not receive your check back in this time frame. 

7.9          What will happen if you do not give required information to us? We may need certain information from you so that we can supply the services to you, for example, that set out in the order process. We will contact you to ask for this information where it is not provided, appears incorrect or incomplete. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and you will not be entitled to a refund) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

7.9.1       If you provide us with incorrect information or any information is omitted by you and this results in your application being withdrawn, we hold no responsibility. In the event this happens, the service fee paid will be forfeited and you will need to pay the full fee for us to resubmit your application with the correct/omitted information.

7.10        Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:

7.10.1     deal with technical problems or make minor technical changes;

7.10.2    update the services to reflect changes in relevant laws and regulatory requirements;

7.10.3    make changes to the services as requested by you or notified by us to you (see clause 5).

7.11        Your rights if we suspend the supply of the services. We will contact you in advance to tell you we will be suspending the supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for the services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

7.12        Completion. Our services to you will be completed:

7.12.1    when your application has been reviewed, processed, and submitted to The Disclosure and Barring Service.

7.12.2    DBS certificates are created and sent to you by The Disclosure and Barring Service. As we do not create or send them to you, we are not responsible for any delay in your receiving them. We do not provide a follow up or chasing service. If you do not receive your DBS certificate within 14 days of your check being submitted, please contact The Disclosure and Barring Service directly on 03000 2000 190.

7.7          You may request your unique reference number or a summary certificate from our Processing Team once it is available.

7.8          Delivery policies depend on the ultimate supplier of the checks:

7.8.1      All Scottish certificates will be sent via 1st class tracked post within 21 working days of the check being completed.

7.8.2      We will hold all tracking information in regards to any certificates sent directly from We , you may request this at any time within 3 months of the check being completed.

7.8.3      All certificates for England, Wales, the channel Islands and the Isle of Man,  will be sent directly from our third party and we do not take responsibility for any certificates not dispatched in this process.

7.8.4      We cannot guarantee a time frame for the arrival of certificates outside of England, Wales, the channel Islands and the Isle of Man.

7.8.5      We do not take responsibility for postage of certificates outside of the England, Wales, the channel Islands and the Isle of Man.

7.8.6      On completion of your check, a certificate will be dispatched via our third party. We do not take responsibility for any delays within the postal service or undelivered mail.

7.8.7      All certificates will be delivered after completion of checks to the stated delivery address at the time the order is placed.

7.8.8      We reserve the right to change the delivery time frame where required.

7.8.9      The delivery time frame may change based on the following factors, Length of time of check, type of check required and queries regarding the check.

 

8              Payment

8.1          We accept the following credit cards and debit cards: Visa Credit, Visa Debit, Mastercard

8.2          We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3          Your credit card or debit card will only be charged when [insert details].

8.4          All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

8.4.1      Verified by Visa: www.visa.co.uk

8.4.2      Mastercard®SecureCodeTM: www.mastercard.co.uk

8.5          If your payment is not received by us under clause 8.3, we may charge interest on any balance outstanding at the rate of [insert figure] percentage points per year above Barclay’s Bank plc’s base rate. We will email you to let you know if we intend to do this.

8.6          Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.7          The price of the services:

8.7.1      is in pounds sterling (£) (GBP);

8.7.2      includes VAT at the applicable rate;

8.8          The breakdown of price of the services including third party charges are:

8.8.1      Basic DBS check

(a)           We are charged £3.60 per Basic application by our third party processor.

(b)           We are charged £23.00 Inc VAT per Basic application by The Disclosure and Barring Service.

(c)           We will add a service charge of £22.70 per application.

(d)           An application processing fee of £20.70 will be added per application.

(e)           VAT will be added per Basic application of £14.00.

 

8.8.2      Basic DBS check (Employer)

(a)           We are charged £3.60 per Basic application by our third party processor.

(b)            

(c)            We are charged £23.00 Inc VAT per Basic application by The Disclosure and Barring Service.

(d)           We will add a service charge of £16.20 per application.

(e)           An application processing fee of £22.20 will be added per application.

(f)            VAT will be added per Basic application of £13.00.

 

8.8.3      Standard DBS check

(a)           We are charged £3.60 Inc VAT per Standard application by our third party processor.

(b)           We are charged £23.00 Inc VAT per Standard application by The Disclosure and Barring Service.

(c)           We will add a service charge of £26 per application.

(d)           An application processing fee of £24.40 will be added per application.

(e)           VAT will be added per Standard application of £15.00.

 

8.8.4      Enhanced DBS Check

(a)           We are charged £3.60 Inc VAT per Enhanced application by our third party processor.

(b)           We are charged £40.00 Inc VAT per Enhanced application by The Disclosure and Barring Service.

(c)           We will add a service charge of £19.20 per application.

(d)           An application processing fee of £22.20 will be added per application.

(e)           VAT will be added per Enhanced application of £17.00.

 

8.9          Please be advised this is a breakdown of the cost for above applications and all charges are subject to change.

8.10        This is not the only charge you may incur, as there are optional additional services available.

9              Nature of the services

9.1          The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

9.1.1      the services must be carried out with reasonable care and skill;

9.1.2      you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for the services; and

9.1.3      we must carry out the services within a reasonable time, if you and we haven’t fixed a time for the services to be carried out.

9.2          We must provide you with services that comply with your legal rights.

 

10           Faulty services

10.1        Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.1.1    visit our webpage section: Frequently Asked Questions

10.1.2    contact us using the contact details at the top of this page; or

10.1.3    visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

10.2        Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3        Please contact us using the contact details at the top of this contract if you want:

10.3.1    us to repeat the services;

10.3.2    us to fix the services; or

10.3.3    a price reduction.

 

11           End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

12           Limit on our responsibility to you

12.1        Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

12.1.1    losses that:

(a)           were not foreseeable to you and us when the contract was formed;

(b)           were not caused by any breach on our part;

12.1.2    business losses; and

12.1.3    losses to non-consumers.

 

13           Disputes

13.1        We will try to resolve any disputes with you quickly and efficiently in accordance with our complaint procedure (see Schedule 1).

13.2        If you are unhappy with:

13.2.1    the services;

13.2.2    our service to you generally; or

13.2.3    any other matter,

please contact us as soon as possible.

13.3        If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

13.3.1    let you know that we cannot settle the dispute with you;

13.3.2    Give you certain information required by law about our alternative dispute resolution provider[ which is run by [insert name and website address]]. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: [insert website address, ie, https://webgate.ec.europa.eu/odr].

13.4        If you want to take court proceedings, the courts of the part of the United Kingdom in       which you live will have non-exclusive jurisdiction in relation to this contract.

13.5        The laws of England and Wales will apply to this contract.

 

14           Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

 

Schedule 1  - Complaints Policy

 

1 COMPLAINTS REGARDING REFUNDS.

1.2 We operate a three stage resolution process

1.3 You must submit your complaint regarding the refund where the case will be investigated by a finance administrator. A response will then be issued within 3 working days.1.4 If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of finance to review. A response will be issued with in 5 working days.

1.5 When an issued second stage dispute is not satisfactory you may request a final stage dispute.

1.6 You will be required to supply a full factual encounter and detailed reason for dispute.

1.7 Once 1.6 has been completed, a new investigation will open with our Quality and Compliance team.

1.8 They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.

 

2. COMPLAINTS REGARDING SERVICE.

2.1   We operate a three stage resolution process.

2.2    You must submit your complaint regarding the refund where the case will be investigated by a Complaints handler. A response will then be issued within 3 working days.

2.3    If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of the Complaints team. A response will be issued with in 5 working days.

2.4    When  an issued second stage dispute is not satisfactory you may request a final stage dispute.

2.5    You will be required to supply a full factual encounter and detailed reason for dispute.

2.6    Once 15.2.5 has been completed, a new investigation will open with our Quality and Compliance team.

2.7    They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.

 

3 We require all complaints in writing, please email or post your complaint to the following;

[email protected]

OR

Applications assist Limited

Suite 9

NJK House

Haslingden Road

Blackburn

Lancashire

BB1 2EE

 

4 All correspondence regarding complaints will be handled in writing for record purposes.

5 We follow The Information Commissioners Office (ICO) guidelines in regards to personal data, Please refer to the ICO guidelines for any queries.

6 If you feel we have violated your rights in regards to your personal data, Please email the following;

[email protected]

7 All Monetary complaints can be resolved through banking disputes, however only when We policy has been upheld.

8 If you require the data we hold in regards to your application, you will need to request a subject access request (SAR).

9 We require all Subject Access Requests in writing to the above email or address. 

9.1 You will receive an acceptance email which will contain a form.

9.2 You are required to complete the form and return it , We will then comply.

10 We have one calendar month from receiving your completed form to comply with the request.

11 All requests to remove your personal data must be in writing.

12 We will be unable to remove your data for the following reasons;

12.1 You have an open complaints case.

12.2 There is a refund pending on your application.

12.3 The application is under review and has not been cancelled. 

13 Please note all time frames are subject to change, we will inform you if there is a change in the response time.

14 We will only store call recordings for 3 months, any request that are received outside this time we will be unable to meet.

 

Schedule 2  - Cancellation Form

 

Model Cancellation Form

 

(Complete and return this form only if you wish to withdraw from the contract)

To: We (Applications assist LTD)

Suite 9

NJK House

Haslingden Road

Blackburn

Lancashire

BB1 2EE

I hereby give notice that I cancel my contract for the supply of We’s services, particularised as follows:

Ordered on :     ………………………………

Order Number:              ………………………………

Name of consumer:       ………………………………

Address of consumer:    ………………………………

Signed:             ………………………………

Dated:              ………………………………

© Crown copyright 2013.