Thank you for choosing CreditFocus.
The CreditFocus application is provided by Ormsby Street Limited (also referred to in these Terms and Conditions as "we" or "us"). These Terms and Conditions are important, or any terms agreed when you register for the Service or Products via the Website (as applicable) form a contractual agreement between you and us (the "Agreement").
CreditFocus comprises of multiple products. Whilst these are relevant for most types of businesses, we cannot guarantee that you will benefit from all the features of this service.
You should read these Terms and Conditions carefully and in their entirety as they set out our commitments to you and your commitments to us. In the event of any conflict or inconsistency between the Website and these Terms and Conditions you agree that these Terms and Conditions shall prevail.
If you have any questions, then please need any help or are unsatisfied in any way with CreditFocus, you should contact us by e-mail at support@creditfocus.co.uk.
Where You have been introduced and provided access to CreditFocus by your Accountant provider (“Accountant”), it should be noted that Accountant is acting solely as an introducer of CreditFocus and not as its partner, representative or agent. As such, the access to an account and your receipt of CreditFocus Services shall be governed by this agreement between you and CreditFocus, not by an agreement between you and your Accountant.
These are our terms and conditions, where we've tried to make it as easy to understand as possible. We've summarised the key points, but if you really want to read all the legal terminology then you can do so by clicking on the appropriate links.
Thanks for choosing our product. By doing so you're agreeing to these terms and conditions, which we need to share with you as it effectively is an agreement between you and us. Our official name is Ormsby Street and we're registered as a company (No. 08853346) at 6th Floor, 9 Appold Street, London, EC2A 2AP. If you have any questions about any of this then you can drop us an email at support@creditfocus.co.uk
These terms and conditions are important so you should read them and understand what's in them because they say what we're going to do as part of our services, and also what you are going to do when you use them. We've also got a Privacy Policy which goes alongside it which covers what we do and don't do with your personal data. We need to point out that for our product to work we use the services of other companies and they have their own terms and conditions. We've included some information on these towards the bottom of this page. We've written it in as plain English as we can but if you need to check what a phrase means then we've included some definitions below.
1. Definitions
1.1 Some words and phrases used in these Terms and Conditions have special meanings. These meanings are set out below:
1.2 Reference to any statute or statutory provision includes a reference to that statute or statutory provision and to all orders, regulations, instruments or other subordinate legislation made under the relevant statute, as from time to time amended, extended or re-enacted.
1.3 Words importing the singular shall include the plural and vice versa, words importing any gender shall include all other genders, words importing persons shall include bodies corporate, unincorporated associations and partnerships and vice versa.
1.4 References to the whole shall include the part and vice versa.
1.5 References in this document to these "Terms and Conditions" shall be to these Terms and Conditions as amended or varied at any time.
1.6 Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1. Definitions
1.1 Some words and phrases used in these Terms and Conditions have special meanings. These meanings are set out below:
1.2 Reference to any statute or statutory provision includes a reference to that statute or statutory provision and to all orders, regulations, instruments or other subordinate legislation made under the relevant statute, as from time to time amended, extended or re-enacted.
1.3 Words importing the singular shall include the plural and vice versa, words importing any gender shall include all other genders, words importing persons shall include bodies corporate, unincorporated associations and partnerships and vice versa.
1.4 References to the whole shall include the part and vice versa.
1.5 References in this document to these "Terms and Conditions" shall be to these Terms and Conditions as amended or varied at any time.
1.6 Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
As mentioned, the agreement starts when you agree to the terms and will continue for the minimum period (if there is one) or indefinitely, until the agreement is cancelled by you or us as described below.
2.1 This Agreement shall commence when you sign up to the Service via the Website or complete the Order Form (as applicable) and shall continue for the Minimum Period.
2.2 Following the Minimum Period this Agreement will, subject to payment of the relevant Charges (if any), automatically renew for successive one (1) month periods, until terminated by either you or us in accordance with Section 11.
We'll offer the service as it is described on the website, with features dependent upon the type of subscription you have. We might change what the service is but we'll only do this in the way we describe below. Of course, if you don't like the service available within your subscription you can change it or cancel it as per this agreement.
Your use of the service is dependent upon your continued agreement to these terms, ongoing payment if required, and your agreement to use the service responsibly (which means you can't check people you don't have some kind of business relationship with).
3.1 The Service operates as specified on the Website, depending on your Service package may include but is not limited to the following: (i) the ability for you to carry out credit checks and/or credit monitoring in respect of other Businesses with which you either trade or are considering trading; (ii) the ability for you to have a Debt Collection Letter(DCL) issued to a Business which owes you a debt (“Debtor”) where you have issued an Instruction, clearly identifying the relevant Business Debtor; and (iii) the right to have the Solicitors contact you pursuant to Section 3.3 using the contact details which you provide upon registration with the Service where you have issued an Instruction. Instruction (iv) to use the relevant Legal Manager services (where applicable).
3.1.1 Before 14th Jan 2018 The Service was available in two (2) versions. Upon registering for the Service, you may have opted via the Website or Telephone (as applicable and available) for one (1) of the following options:
3.1.2 Classic Service: a basic service offering limited access to credit checking/ credit monitoring. This includes the ability to send one (1) Letter Before Action;
3.1.3 Pro Service: a fuller service without the limitations of the Classic Service. Further details of the Service are set out on the Website. We may in our discretion update and amend such details from time to time in accordance with our standard practices. Any such changes will be managed in accordance with Section 22.1. You may, at any time elect to upgrade from the Classic Service to the Pro Service, provided it is available, by notifying us in writing or by following the upgrade procedure set out within the Service (if any).
3.2 Your use of the Service is subject to your payment of the Charges and the following restrictions: (i) you will use the Services in accordance with all instructions provided via the Website from time to time, including but not limited to any reasonable restrictions imposed by any third parties which engage in assisting our provision of the Service;
3.3 We will use reasonable endeavours to procure that where you request the issue an Instruction to the Solicitors, that they will issue a LBA within 1 working day from their receipt of the full information to enable it to be issued to your Business Debtor by email only. Please note this DCL service will involve only 1 DCL letter by email per invoice per debtor.
The Solicitors will not be able to issue DCLs to Debtors who are their own clients. Once they have undertaken a conflict check with the Business Debtors; should there be a conflict then you will be informed of the situation and that the Service will not be provided on this instance.
By completing the DCL request, you are confirming the information is correct and for either us and/ or the Solicitors to contact you in respect to your account, Business Debt or Debtors to be able to provide the Services to you.
If after the emailed DCL , you have not been able to resolve the matter with your Business Debtor, the Solicitors will provide you with further and additional debt recovery options and services they can provide to you directly (“Legal Debt Recovery Services”).
This Legal Debt Recovery Service and its fees does not form part of the subscription services for Credit Focus and will not be part of the Service or covered by these Terms and Conditions. This Legal Debt Recovery Services offered separately by the Solicitors as a Third Party Provider service and subject to a separate agreement and costs between you and the Solicitors.
We may receive a referral fee for introducing the Solicitors to you for any Third Party Provider services; the Solicitors will be liable for any such fees, not you. They will not be passing any such costs onto you.
3.4 You hereby acknowledge that we are not registered with any regulator to provide legal services to you which includes not being able to issue DCLs LBAs. These will be undertaken by either Legal Representatives, Debt Recovery Agents and/or the Solicitors. Further, you acknowledge if you separately appoint the Solicitors for Legal Debt Recovery service, this does not form part of the Services under this subscription and is a Third Party Provider Service.
3.5 Customer Helpline: We will provide a customer support helpline (0300 4563 470) and email support (support@creditfocus.co.uk) in relation to the Service between 9.00am and 5.30pm Monday to Friday (with the exception of on English Bank or public holidays). We will use reasonable efforts to answer your query, subject to the terms of this Section 3. Calls may be monitored and/or recorded for training purposes.
3.6 At our sole discretion we may elect to provide you with a welcome pack and courtesy call as part of your introduction to the Service. Once you commence receiving the Service, we may send you further information regarding the Service.
3.7 The Service is only available to UK based small businesses with an annual business turnover of less than five million pounds (£5,000,000). If your turnover is over five million pounds please contact us to discuss what options are available.
3.8 At our discretion we may provide you with a welcome pack and courtesy calls as part of your introduction to the Service. Once you are receiving the Service, we may send you further information about the Service or contact you about the Service from time to time.
3.9 Certain communications form a core part of the Service including information relevant to your business and tutorial material to help you make the most of the Service. This shall not include marketing any services to which you are not subscribed. You can unsubscribe to these service communications at any time should you wish.
3.10 Your use of the service is subject to fair usage limits which are dependent upon the Service version you are subscribed to and paying for. We reserve the right for the Service to either be withdrawn or refuse (either in part or full) for instructions over the usage limits to be passed to the Solicitors/ Legal Representatives.
3.11 Your use of the service is strictly permitted for use for your business to assist with the credit decisions only. You are not permitted to sell or pass any of the data or credit results to either your customers or third parties. Should we become aware of the use of the Service as being resold on by you, we will terminate with immediate effect and reserve our rights to seek recovery of losses to the same.
Payment will be due monthly in advance of using the services, which includes any potential charges that may be collected for services offered by third parties. if you don't pay for the service then we reserve the right not to provide the service. It only seems fair.
Occasionally we may adjust the charges for the service, but we'll give you 15 days notice before we do this so that it isn't a surprise.
4.1 If paying via bank charges - You confirm that you authorise and mandate Barclays Bank PLC to debit your bank account on behalf of Ormsby Street Limited, and you understand and consent to your bank account details and certain details regarding your use of the Service being shared with Barclays Bank PLC for this purpose. Payment of the Charges for Customers will be taken on the 15th day of the month, from the bank account you register for the Service with the Website (where available).
4.2 In the event that you cease to be pay via a Barclays Bank account, we will seek to move your Charges across to be taken monthly in advance by Ormsby Street via direct debit.
4.3 If paying via Direct Debits - Without prejudice to section 4.5, alternative Customer Payments are due monthly in advance and will be taken by Ormsby Street via direct debit.
4.4 If paying via Credit or Debit Card - Without prejudice to section 4.5, alternative Customer Payments are due monthly in advance and will be taken by Ormsby Street via Credit or Debit Card payments.
4.5. We reserve the right to pro rata your first payment of the Charges, such that it will comprise any monies due in respect of the period prior to the date on which such payment is made, in addition to payment for the month in advance.
4.6 Your first payment will become due and payable in accordance with this Agreement upon any of the following events (as applicable): (i) your completion of an Order Form for the Service; (ii) a Service registration is completed on the Website (where available); or (iii) an upgrade from the Classic Service to the Pro Service. If this event occurs at least six (6) working days before the 15th of the calendar month, the Charges shall be payable for that month in accordance with Section 4.1. If the event occurs after this date, the Charges will become payable from the following calendar month.
4.7 We reserve the right to impose or increase the Charges on fifteen (15) days’ prior written notice to you by email.
4.8 VAT receipts will be issued to you through the “My Account” section of the Service in respect of each payment of the Charges no more than ten (10) working days after the end of the period to which the relevant Charges applied.
We give you the right to use the service for the purpose that it is intended and for your own business use, but we keep the intellectual property rights (seems fair). You can't offer credit checking or monitoring services for others, resell the information, create your own database of data, that kind of thing, as it goes against this agreement.
5.1 We hereby grant you a non-exclusive, perpetual licence to use the Information solely for the internal purposes of your business and subject to the restrictions described in these Terms and Conditions.
5.2 All of the intellectual property rights (including copyright and database right) in the Information, any Letter Before Action and/or the Service belong to us, or our licensors. You will not acquire any proprietary rights to the Information and/or any other aspect of the Service and may only make such copies of the Information and/or any other material provided via the Service as you reasonably require for the purposes set out in these Terms and Conditions or your internal business purposes.
5.3 The rights granted to you to use the Information are personal to you and you may only use the Information for the internal purposes of your business and (unless required by law) you will: (i) treat the Information as Confidential Information for the purposes of Section 9; (ii) only permit access to the Information to your officers and/or employees who need to know or use the Information and ensure that your officers and employees comply with these Terms and Conditions where they are provided with access to the Information; (iii) not copy, distribute or commercially exploit the Information, including but not limited to using the Information for marketing purposes, unless expressly permitted by these Terms and Conditions; (iv) not use the Service to obtain Information in relation to any entity other than a Business with which you have either traded or are considering trading; (v) not resell or otherwise make available to third parties the Information; and (vi) not create your own database using the Information, other than as required for your own internal business purposes.
5.4 You undertake not to use, or permit others to use, the Service and/or Information to provide credit checking and/or monitoring services to anyone else. This restriction does not prevent you from sharing the Information with your Company Group Members. However, you must ensure that the provisions under this Section 5 also bind your Company Group Members.
You give us the rights to use the information added to the service, including any information you give in relation to the payment performance of your customers, so that we can improve our services. We can also share this information with third parties who help us deliver this service to you.
6.1 You grant to us a royalty-free, sub-licensable, perpetual licence to use the Application Information. We can use the Application Information, including information on payment performance by your customers, to enhance the databases we use to provide the Service (and any other databases used to provide similar services), and to enhance other risk and fraud prevention services to others. We can share this Application Information with other third parties who assist us in the provision of the Service.
6.2 Our Privacy Policy can be accessed from the Website.
You need to agree to:
7.1 It is your responsibility to ensure that:
7.1.1 the PC which you use to access the Service meets the minimum system requirements listed on the Service delivery packaging and/or the Website;
7.1.2 you have access to the internet;
7.1.3 any security or other configurations of the PC which you use to access the Service do not interfere with your access to and use of the Service; and
7.1.4 you notify us promptly of any changes to the details which you have provided to us (including without limitation personal, contact, e-mail addresses and banking details) to allow us to comply with applicable laws and to ensure that any relevant payment of the Charges has been made.
7.2 For the purposes of these Terms and Conditions, we refer to account numbers, e-mail addresses, identification codes and passwords used to access the Service as “Client ID”.
7.3 You acknowledge and agree that control of and security for your Client ID is your sole responsibility and that we have no liability at all for any losses (whether direct, indirect or consequential) arising from any use of your Client ID by any of your personnel or any third parties, whether authorised by you or not (this includes unauthorised access to your computers and/or network or any information not deleted when these systems are updated or replaced). We can issue you with new Client ID at any time. Any new Client ID will take effect from such time as we notify you of the new Client ID.
7.4 You also agree that you will: (i) 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 persons; (ii) inform us as soon as you become aware of any unauthorised use and/or disclosure of your Client ID, or if any equipment you use to access the Service is stolen; and (iii) be liable for any and all Charges incurred in connection with the Client ID.
7.5 We may invalidate or suspend use of your Client ID if: (i) you breach these Terms and Conditions; or (ii) we are notified of, or become aware of, any unauthorised or improper use of your Client ID (either by you or someone else) or of the fact that any of the equipment you use to access the Service has been stolen.
We'll do all we can to make the service available 24 hours a day, 7 days a week, except for a) when we plan maintenance, which we'll try and do when the least amount of people are using the service, and b) when we need to do some maintenance which we hadn't planned but which is essential for the continued operation of the service.
We'll also do all we can to give you as much notice of any maintenance periods however, there may be times when we need to restrict use of the service, such as when:
8.1 We will provide the Service with reasonable skill and care. However, you should note that where necessary we may limit or suspend the Service or any part thereof for short periods of time with or without notice to carry out system maintenance, upgrading, testing and/or repairs.
8.2 In order to continue to provide and to improve the Service or any part thereof, we reserve the right at our discretion to make changes to any part of the Service for technology, security, legal or regulatory reasons.
8.3 You acknowledge that your use of the Service and/or the Information does not constitute specific legal, tax, investment or accountancy advice. Further you confirm your use of the Service and/or the information does not involve in reselling such information to third parties and/or your customers.
8.4 You acknowledge that we shall have no liability for any loss or damages which you suffer as a result of the provision of the Legal Debt Recovery Service, or any other information, advice or activities which fall outside the Service.
8.5 We use all reasonable skill and care to provide the Service. However, you agree that it is reasonable for us to limit our liability. You acknowledge that: (i) the Service is not intended to be used as the sole basis for any business decision, and is based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for us to guarantee; and (ii) the Service also involves models and techniques based on statistical analysis, probability and predictive behaviour. In particular, to the maximum extent permitted by law, neither we nor our licensors: (iii) warrant the accuracy or completeness of the Information or the validity of any advice given or opinion expressed via the Service; (iv) are liable for any failure of the Service to achieve a particular result for you; (v) are liable for any loss of any kind which you suffer as a result of a claim by a subject of the Information, advice or opinion; (vi) are liable for the accuracy or completeness of the Information, which may also contain expressions of advice or opinion; or (vii) are liable where we are unable to supply the information which you have requested via the Service.
8.6 We are not liable to you for any of the following as a result of our tort (including negligence, breach of contract, breach of statutory duty or otherwise): (i) indirect or consequential loss; (ii) loss of profit, loss of sales or increase in (or failure to reduce) bad debts; or (iii) loss of business.
8.7 Our total liability to you in any consecutive twelve (12) month period of this Agreement for all claims for tort (including negligence), breach of contract, breach of statutory duty or otherwise is limited to: (i) an amount equal to the total Charges payable by you in respect of the Service provided to you over such twelve (12) month period where you are using the Pro Service; and (ii) an amount equal to the total Charges that would have been payable over the same twelve (12) month period for usage of the Pro Service where you are using the Classic Service.
8.8 We do not give any representations, warranties, conditions, undertakings, or terms (either express or implied): (i) as to the fitness for a particular purpose of the Service and/or the Information; (ii) that the Service is free from infection by computer viruses; (iii) that the Service and/or Information will meet your requirements; or (iv) that provision of the Service will be uninterrupted, timely, secure or error free, and we exclude all such representations, warranties, conditions, undertakings and terms to the fullest extent permitted by statute.
8.9 You will indemnify us and hold us harmless against any and all losses, damages, costs, expenses and other liabilities (including any payments we make to settle any such claims or actions on the advice of our lawyers) which we incur in connection with any claim or action by any third party as a result of your use of the Service otherwise than in accordance with these Terms and Conditions.
8.10 Nothing in this Agreement shall limit our liability for death or personal injury caused by negligence or for fraud.
You keep your rights to your data, but you also get the responsibility for keeping it accurate and legal. You also need to ensure that you're allowed to give us the data in the first place. We'll have the opportunity to use your data as part of the service but we'll do it in compliance with our Privacy Policy. This might involve moving it outside of the country where either of us are located in order to carry out the service. We'll both comply with the Data Protection Act 1998, with you categorised as the Data Controller and us as the Data Processor. For our part we'll notify the UK Information Commissioner's Office of any data processing we do.
We won't share your information with anyone unless we get your express permission. The only exception to this is when we share it with our partners who help deliver our service and we share it as part of the delivery of the service. We'll take all reasonable steps to prevent anything bad happening to the data, such as unlawful processing of it or losing it. There is more information on our handling of data in our Privacy Policy.
9.1 Subject to Section 9.4, each party shall ensure that its officers, employees and agents shall maintain in strictest confidence and not divulge or communicate to any third party any Confidential Information which it receives from the other party or which otherwise comes to its attention.
9.2 For the purposes of Section 9.1, “Confidential Information” means all information whether in written or any other form which is identified as confidential or is clearly by its nature confidential, including but not limited to any information and/or knowledge relating to the methods or techniques we use to provide the Service and/or Information.
9.3 Section 10.1 does not apply to the Application Information, or any Confidential Information which: (i) you and/or we are required to divulge by a Court, tribunal or governmental authority with competent jurisdiction; (ii) is already public knowledge, other than where you or we break these confidentiality provisions; (iii) was already known to the recipient before the date of disclosure (as evidenced by written records); or (iv) was independently obtained from someone else, without that person breaking any confidentiality obligations they have to either you or us.
9.4 Nothing in this Section 9 shall prevent us from using your Confidential Information for the purpose of providing the Service, including(where applicable) the sharing of necessary information to Barclays Bank PLC for the purposes of taking the applicable Charges as detailed in section 4.1.
As we said, you'll need to do what you can to allow us to do our job, or else we can't do our job.
10.1 You shall at your own cost co-operate with us to such extent and provide to us such information and assistance as we reasonably require to perform our obligations in relation to the Service.
We know nothing lasts, so either party can terminate this agreement when it meets any of the following criteria:
11.1 Either party may terminate this Agreement at any time after the expiry of the Minimum Period by giving thirty (30) days prior written notice, pursuant to Section 2.2.
11.2 We shall be entitled to terminate this Agreement and/or your access to the Service at any time by notice to you and without refund. We will, however, fulfil any orders for the Service received from you prior to termination unless we reasonably suspect that you have used the Service for the purposes of fraud or otherwise in breach of this Agreement.
11.3 We may terminate your use of the Service and/or this Agreement at any time without refund immediately on notice if, in our reasonable opinion, you have committed a material breach of these Terms and Conditions including, without limitation, making or permitting the making or sending from equipment under your control of malicious, fraudulent or hoax calls, emails and server requests to any helpline or server which forms part of the Service or if you are subject to any insolvency event (unless for the purpose of a solvent corporate reconstruction).
11.4 We reserve the right to terminate this Agreement at any time with immediate effect where you are not making any payment of Charges. Notwithstanding Section 5.4, this includes circumstances where you cease to be a Barclays Business customer.
11.5 We reserve the right to terminate this Agreement and your access to the Service at any time by giving 30 (thirty) days written notice to you where you have not accessed the Service within a period of three (3) months from signing up to the Service.
11.6 We will invalidate your Client ID as soon as termination of either your entitlement to receive the Service and/or these Terms and Conditions occurs.
11.7 The parties shall have no further obligations or rights under these Terms and Conditions following termination, without prejudice to those which have accrued to either party prior to termination or expiry save that Sections 1, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21 and 22, together with those other sections the survival of which is necessary for the interpretation or enforcement of these Terms and Conditions, shall continue to have effect.
11.8 Where You have accessed these Services via your Accountant, should your Accountant wish to cease to provide the account access, we reserve the right to contact you to provide notice of the closure of the Accountant access Service and offer alternative subscription fees to continue to use CreditFocus Services.
We all agree to do our own bits in order to comply with the law and statutory requirements. If we don't do this then the other party doesn't have to do what they've said they'll do.
12.1 Each party undertakes to the other party that in respect of the provision and use of the Service (as appropriate) it will comply fully with all relevant statutory enactments. These include without limitation: (i) the Data Protection Act 2018 (including the Data Protection principles contained therein); and (ii) any applicable regulations or requirements made by any governmental authority or equivalent body of competent jurisdiction.
12.2 You warrant that you have in place and will maintain: (i) appropriate technical and organisational measures against accidental, unauthorised or unlawful processing, destruction, loss, damage or disclosure of the Information; and (ii) adequate security programmes and procedures to ensure that unauthorised persons do not have access to equipment used to process the Information or on which Information is stored.
12.3 You further undertake to us that: (i) you hold all necessary registrations and licences prior to your use of the Services. (ii) you will obtain all necessary consent from individuals in order to gain access to and make use of personal data. This includes consent from individuals acting in the capacity of a director, a partner or sole-trader of a business against which we are carrying out searches on your behalf. If you fail to obtain any necessary consent we are not obliged to provide the relevant part of the Services.
12.3.1 The Data Protection legislation sets out rights over how personal data is used and erasure in specific circumstances. We do not collect personal data or process the same. We only collect data specific to your business and your business contacts details.
We can't be held responsible if we can't do our job because of something that is completely out of our control such as sheep eating through the internet wires or it raining so much all the computers get flooded. If this happens we'll let you know and we'll do all we reasonably can to get the service back to normal.
13.1 If either of us are unable wholly or in part to carry out our obligations by “force majeure” then whichever party cannot perform its obligations will notify the other of such “force majeure”. The obligations of the party giving such notice shall be suspended to the extent that they are affected by “force majeure”. That party shall use all reasonable endeavours to remove or avoid the “force majeure” as soon as possible.
13.2 The term “force majeure” shall mean any cause not within the reasonable control of the party claiming suspension, including but not limited to: (i) acts of God; (ii) strikes, lockouts or other industrial disturbances; (iii) acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, storm, civil disturbances and terrorism; (iv) governmental or quasi-governmental regulations and directions; or (v) any failure of hardware and/or software and/or telecommunications services or equipment which is used by us to provide the Service which is due to the default of a third party.
You can't make anyone else responsible for your parts of the agreement. You signed up so you agreed to it. If you want someone else to take it on then you'll need us to agreed to it in writing. However, we can pass it on to someone else, if for example we sub-contract something or transfer the service to someone else.
14.1 You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement.
14.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Agreement.
If we agree to ignore any elements of this agreement then it is only valid if it's written down and when written down is specific about the extent of the waiver. Also, if either party receives rights as part of this agreement then this doesn't exclude any legal rights they might have.
15.1 If either of us fails to exercise any right or remedy available under these Terms and Conditions then such failure or delay will not prevent either of us from relying on those rights or remedies in the future. A waiver of a breach of this Agreement shall not constitute a waiver of any other breach of this Agreement.
This is the agreement, the whole agreement and nothing but the agreement (unless we say otherwise in the agreement).
16.1 The Agreement, and any other documents or terms referred to in these Terms and Conditions, constitute the whole agreement between both of us. They supersede all previous negotiations, understandings and/or representations (except to the extent that either of us has relied upon a fraudulent misrepresentation of the other which induced either party to agree to the Agreement).
If we notice that a bit of the agreement can't be enforced, then we'll remove it, but everything else in the agreement will continue.
17.1 If any part of these Terms and Conditions is found to be invalid by a court it shall be deleted and the rest of these Terms and Conditions will remain in full force and effect.
All of this is written and undertaken in accordance with the law of (i) England, if the Customer is based in England or Wales; or (ii) Scotland, if the Customer lives in Scotland; or (iii) Northern Ireland, if the Customer lives in Northern Ireland.
18.1 These Terms and Conditions shall be governed by, and construed in accordance with, English law. We both submit to the non-exclusive jurisdiction of the English courts to settle any dispute that may arise out of, under, or in connection with these Terms and Conditions, save that this submission shall not affect the right of either party to issue proceedings in the court of the jurisdiction in which they are based, to the extent permitted by law.
Any notices that need to be given as part of this agreement will need to be in writing (either on actual paper or email).
Any paper based activity will be sent to the address for each party referenced in this agreement and will be deemed received at at the point reaching the address during business hours, or 9am the next day if reaching the address outside of business hours.
Emails must have a read receipt sent and accepted, and they will be sent to support@creditfocus.co.uk for us, and your registered email address for you.
19.1 All notices must be in writing and will be sent by first class post, facsimile or e-mail. We will use the address or facsimile number or e-mail address which you provide when registering to use the Service. You can write to us at the address shown on the Website or email us at support@creditfocus.co.uk
Unless otherwise stated no-one is agreeing to pass any rights onto anyone else.
20.1 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy that exists or is available apart from that Act.
20.2 Payment processors shall have the right to enforce section 5.
We might update this agreement occasionally, and we'll do what we can to tell you about the change. If you don't like the change you can simply terminate the agreement as described above and we'll say no more about it.
Last updated: 15th April 2021
21.1 These Terms and Conditions may be amended by us at any time, other than in respect of the Charges, amendments to which are dealt with at Section 4.7. Where an amendment affects your rights and obligations we will notify you of such amendment by placing a notice in a prominent place on the Website and by email to the address provided to us on your application or via the Website (where available). If you do not agree with the amendment you should cease using the Service as soon as possible and may terminate this Agreement pursuant to Section 11.
We might update this agreement occasionally, and we'll do what we can to tell you about the change. If you don't like the change you can simply terminate the agreement as described above and we'll say no more about it.
22.1 The Products which form part of the Services are supplied by Third Party Providers. As such, additional terms and conditions govern Your use of each Product and it is a requirement of your Agreement to the Service that you read and accept all additional terms and conditions of each Third Party Product Provider prior to using the relevant Services/ Products.
22.2 Please note we do not accept any liability for any loss or damage from using any of the Third Party Products or by the Third Party Provider ending or changing their product or service. We shall not be liable for any incidental or consequential losses in respect to the Third Party Products.
These additional terms and conditions are set out as follows the Products:
Legal Manager: https://legalessentials.secureclient.co.uk/le/index.cfm?event=base:cpage&c=cpage_terms
If these additional terms and conditions are not acceptable to you then you must stop using the Product/ Service and notify us within 30 days of the date on which you agreed to subscribe to the Product.
22.3 You may register for additional products and services subject to additional charges being set out on the CreditFocus website or by calling the CreditFocus Helpline.
22.4 You acknowledge that the Services may enable or assist You to access the website content of, correspond with, and purchase products and services from, Third Party Product Providers. Any contract entered into and any transaction completed via any third-party website is between You and the relevant Third Party Product Provider, and not Us.
22.5 Use of the Services is subject to You reading and accepting the terms and conditions of the Products from the Third Party Product Providers. We shall use commercially reasonable endeavours to procure that such Third Party Product Providers terms and conditions shall be on substantially similar commercial terms to this Agreement and shall not be unduly onerous to You. If such terms are not acceptable to You, You should not use the Services and contact Us within thirty (30) days of the Subscription Date and a refund will be given for payments already made by You under this Agreement.
22.6 You acknowledge to Us and agree that the Products which comprise the Services are supplied by Third Party Product Providers. As such, You expressly acknowledge to Us and agree that We shall have no liability to You for any losses (whether direct or indirect) incurred in connection with this Agreement, except pursuant to Clause 8 to this Agreement.
22.7 In the case of conflict or ambiguity between the terms of this Agreement and any terms and conditions for use of a Product entered into between You and a Third Party Product Provider, the terms of this Agreement shall take precedence to the extent of any such conflict or inconsistency.
Last Updated: 15th April 2021