Terms & Conditions

Effective as of 13th October 2021.

TERMS OF SERVICE

These Website Terms of use govern Your use of the Service located at clearcheck.co.uk. Please ensure you have read these Terms of use carefully and ensure that you have understood them in full. By ticking the “I Accept” box or by using any part of the Service or website, You warrant that You understand and accept these Terms of use. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

DEFINITIONS

The list which, follows contains words and expressions and the definitions of each one.

“Application Form” = The application form which is to be completed by you on the website.

“Contract” = The contract between You and clearcheck.co.uk for the provision of the Services and which incorporates these Terms;

“Network” = the electronic IT and communications network used by us to provide the Services;

“clearcheck.co.uk” means this website, owned and operated by Clear Check Ltd – Registered in England and Wales. No. 05853202. VAT No. 322 2139 48

“The website” =  clearcheck.co.uk

“Services” means the service provided by clearcheck.co.uk in respect of the receipt by clearcheck.co.uk of your service fee. This includes a Review and Submission” service provided to you by clearcheck.co.uk in respect of your application for a Basic, Standard or Enhanced Disclosure

“Service fee” = the charge paid by you to clearcheck.co.uk for the provision of the Services as set out on the Website and in these terms;

“You” and/or “Your” and “you” and/or “your” means you the client.“Us” and/or “our” and “we” are “we’re” = clearcheck.co.uk

THE SERVICE

Application Service –

clearcheck.co.uk endeavour to submit your application to the issuing body – Disclosure Scotland or the Disclosure and Barring Service once all information required to submit it is present.

If the application details are not complete upon receipt, we will contact the applicant by email or telephone to request the missing information within 1 working day wherever possible.
If any details in the supporting documents do not match those provided in the application details, we will contact the applicant by email or telephone to query the discrepancy within 3 working days wherever possible.

Our service is considered to be completed at the point where the application is submitted to the issuing body*

*Except in the case of overseas applications where we provide a tracked airmail forwarding service or Courier Service option. In both cases our service is considered complete at the point the postal tracking number is sent to the applicant.

Clear Check Cloud Service

Clear Check Cloud is a free service provided to all applicants. Cloud members are able to opt-out of this service at any time by contacting clearcheck.co.uk to request this.

Log-in details allowing access to the applicant’s Clear Check Cloud account will be emailed to the applicant shortly after the completion of their application.

Cloud members can store a copy of their certificate online via the Clear Check Cloud dashboard, allowing access to view and securely share stored certificates. Members can also view the progress of their application, view and download invoices and set a reminder for future applications.

Clear Check Premium Cloud

By opting in to our Premium Cloud service you agree to pay a recurring fee of £8 inclusive of VAT per calendar month from the day that you sign up to this service. This will be collected automatically via a CPA (Continuous Payment Authority). There is no minimum-term contract meaning that you can cancel at any time.

A copy of the applicant’s DBS certificate will be available within their account before a hard copy is sent out via post. SMS notifications will also be activated to alert the applicant as to the progress of their application. Premium Cloud subscribers will also be entitled to re-apply within 12 months with free fast-track upgrade. Other applications still apply.

After 12 months of a fully paid Premium Cloud subscription, the subscriber will be entitled to one further free application (in the same name as the original applicant), including fast-track and SMS notifications. Subscribers will be limited to one free application per 12 month fully paid subscription period. Up-to-date verified supporting documents will be required in order for the application to be processed and must be provided to our support team on request. If the membership is cancelled after 12 calendar months, the option to re-apply free of charge will expire 3 months from the date of cancellation.

CORPORATE CLOUD PLUS

By opting in to our Corporate Cloud Plus service you agree to pay a recurring fee of £20 inclusive of VAT per calendar month from the day that you sign up to this service. There is no minimum-term contract meaning that you can cancel at any time by requesting a cancellation with a member of the support team.

As a Corporate Cloud Plus member you will benefit from:

– Access to DBS results before you receive the hard copy certificate in the post*
– SMS updates regarding the progress of your applications
– The facility to store copies of your certificates and your digital results PDFs online via our secure cloud portal, allowing you to access and share your stored documents.
– Share your certificate via secure transfer (send to clients, contractors etc.)
– Unlimited free Fast Track upgrade on all disclosure checks

*Subject to DBS server up-time.

IN ORDER TO USE THIS SERVICE:

Your contract with clearcheck.co.uk commences on receipt of the service fee from you and will remain in force for the duration of the provision of the services unless ended in accordance with these terms of use.

clearcheck.co.uk reserves the right at its sole and absolute discretion and for any reason to refuse you access to the services offered.

You agree and provide consent to clearcheck.co.uk to submit your application to Disclosure Scotland or the Disclosure and Barring Service by electronic submission via their website.

Upon receiving payment from you and provided you agree and accept these terms of use, clearcheck.co.uk endeavours to:

• Check and review the application details you have submitted using the application form on the website.
• Try to contact you, if required, to make any corrective amendments to your application.
• Verify documents provided as per the DBS guidance.
• Submit your completed application details to Disclosure Scotland or the DBS by electronic transfer.

clearcheck.co.uk cannot guarantee an uninterrupted or fault free service.

The Network is not owned controlled or influenced by clearcheck.co.uk in any way and may from time to time be changed, temporarily suspended for maintenance work or changed in other ways by the owner.

clearcheck.co.uk take reasonable action to minimise any disruption that could be caused by the network being temporarily suspended or changed in any way.

clearcheck.co.uk accepts no responsibility for the network.

By using this service you must agree to provide clearcheck.co.uk with accurate information requested by clearcheck.co.uk in order for clearcheck.co.uk to provide you with the Services; You must not use the Service for any illegal or unlawful, improper or fraudulent activity; You must agree not to use the Service to commit a criminal act or to cause harm or annoyance to others; If you are applying on behalf of someone else and are not the main applicant, you confirm by accepting these terms that you have the express consent of the main applicant and that the applicant is eligible to make an application for a Basic, Standard or Enhanced Disclosure.

DBS CHECKS FOR EX-OFFENDERS

Upon the client’s request, we will provide a template of the DBS policy on the Recruitment of Ex-Offenders. The DBS’ sample version can also be found here: https://www.gov.uk/government/publications/dbs-sample-policy-on-the-recruitment-of-ex-offenders/sample-policy-on-the-recruitment-of-ex-offenders

Clients are also required to make available to potential applicants their own written policy on the recruitment of ex-offenders for employment in relevant positions.

SECURE HANDLING OF INFORMATION PROVIDED BY THE DBS

General principles

As an organisation using the Disclosure and Barring Service (DBS) checking service to help assess the suitability of applicants for positions of trust, we comply fully with the code of practice regarding the correct handling, use, storage, retention and disposal of certificates and certificate information.

It also complies fully with its obligations under the General Data Protection Regulation (GDPR), Data Protection Act 2018 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of certificate information and has a written policy on these matters, which is available to those who wish to see it on request.

Storage and access

Certificate information is kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.

Handling

In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom certificates or certificate information has been revealed and it is a criminal offence to pass this information to anyone who is not entitled to receive it.

To note: organisations which are inspected by the Care Quality Commission (CQC) or Ofsted, and those establishments which are inspected by the Care and Social Services Inspectorate for Wales (CSSIW ) may be legally entitled to retain the certificate for the purposes of inspection.

In addition, organisations that require retention of certificates in order to demonstrate ‘safer recruitment’ practice for the purpose of safeguarding audits may be legally entitled to retain the certificate. This practice will need to be compliant with the Data Protection Act, Human Rights Act, General Data Protection Regulation (GDPR), and incorporated within the individual organisation’s policy on the correct handling and safekeeping of DBS certificate information.

Usage

Certificate information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.

Retention

We do not keep certificate information for any longer than is necessary. This retention will allow for the consideration and resolution of any disputes or complaints, or be for the purpose of completing safeguarding audits.

Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.

Disposal

Once the retention period has elapsed, we will ensure that any DBS certificate information is immediately destroyed by secure means, for example by shredding, pulping or burning. While awaiting destruction, certificate information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack).

We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, not withstanding the above, we may keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken.

Acting as an umbrella body

Before acting as an umbrella body (an umbrella body being a registered body which countersigns applications and receives certificate information on behalf of other employers or recruiting organisations), we will take all reasonable steps to satisfy ourselves that they will handle, use, store, retain and dispose of certificate information in full compliance with the code of practice and in full accordance with this policy.

We will also ensure that any body or individual, at whose request applications for DBS certificates are countersigned, has such a written policy and, if necessary, will provide a model policy for that body or individual to use or adapt for this purpose.

BY ACCEPTING THESE TERMS:

You agree to make a service fee payment (as indicated on our website) in advance of receiving our services by using your credit or debit payment card.

You warrant that all of the information you have provided is accurate and correct.

You understand that you are paying your service fee to an independent company and that the service fee is for an application review, support, document verification and submission to the appropriate body. You agree to us starting the review process of your application immediately after having submitted your application via the website.

clearcheck.co.uk reserve the right to suspend or terminate the provision of the services to you at any time and without notice, whilst clearcheck.co.uk will take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and ,or up to date. All material contained on this Website is provided without any warranty of any kind.

EXCLUSION OF LIABILITY:

clearcheck.co.uk does not accept liability for any loss or damage that you suffer as a result of using this Website or the services offered herein including but not limited to; financial loss, failed interview arrangements.

clearcheck.co.uk cannot guarantee and do not promise a specific outcome from the use of the services offered. The services to you are provided without warranties for anything whatsoever including but not limited to reliability, suitability, adequacy, accuracy, timeliness, completeness.

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

clearcheck.co.uk will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. clearcheck.co.uk will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
clearcheck.co.uk will not be liable to you in respect of any special, indirect or consequential loss or damage.

You hereby indemnify clearcheck.co.uk and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, clearcheck.co.uk may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

COMMITMENT TO DATA SECURITY

Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

RETENTION OF INFORMATION AND DOCUMENTS:

Once the customer information has been successfully submitted through to the issuing body, we do not keep supporting documents for any longer than is necessary in accordance with GDPR. This is generally for a period of up to 2 years, to allow for the re-submission of an application should the original fail to be processed and also for any audit purposes including if the issuing body require us to provide proof of any applicant details and/or supporting documentation.

For Overseas applicants, a copy of the DBS Check certificate will be scanned and securely stored before the original document is sent (in most cases) via tracked and signed for delivery. The Certificate will not be stored for any longer than is necessary in accordance with GDPR. This is generally for a period of up to 90 days. If, in very exceptional circumstances, it is considered necessary to retain the certificate for longer than 90 days, we will consult the applicant and give full consideration to the Data Protection and Human Rights of the individual before doing so.

DISPOSAL:

Once the retention period(s) have elapsed,  any supporting documents and certificates currently being held will be destroyed. If the said documents are in paper form, then this will be carried out by either shredding, burning or pulping the documents. Any scans of the supporting documents or certificates, will be permanently deleted from all secure servers.

SERVICE LEVEL GUARANTEE:

We aim to begin work on your application within 20 minutes of having received your application online. Although this is not always possible, we will send you an email to the email address provided on your application when your application has been passed to a member of our team for the provision of service to begin.

APPLICANT CONSENT

By completing the information forms contained in this service, I acknowledge and consent that you, Clear Check Ltd T/A Clear Check, may collect and/or receive and/or process certain personal information and data about me.

I understand that all of my information (including my personal data) will be collected and processed in accordance with the Data Protection Act 2018, and the General Data Protection Regulations 2016

I agree and consent to the personal information that I provide being processed for one or more of the following purposes:

Disclosure Scotland (Basic check, Standard check, Enhanced check)
Disclosure and Barring Service (Basic check, Standard check, Enhanced check)
The Disclosure and Barring Service will refer the details provided on this application form to government and law enforcement bodies in accordance with any relevant legislation. The details provided to these bodies will be used for identifying possible matches to records held by them. Where such a match is established, data may be released to the DBS for inclusion on any certificate issued. The details provided on this form may be used to update the records held by the bodies specified above. The Disclosure and Barring Service will refer the details provided on this application form to government and law enforcement bodies in accordance with any relevant legislation. Where such a match is established, data may be released to the DBS for inclusion on any certificate issued. The details provided on this form may be used to update the records held by the bodies specified above. v1.1.

I consent to the Disclosure and Barring Service sending my Basic, Standard or Enhanced Check certificate to my current address as specified on my application.

I understand that I have provided complete and true information in support of my application and that I understand that knowingly making a false statement for this purpose is a criminal offence.

DBS Statement of Fair Processing.

The Disclosure and Barring Service will refer the details provided on this application form to government and law enforcement bodies in accordance with any relevant legislation. The details provided to these bodies will be used for identifying possible matches to records held by them. Where such a match is established, data may be released to the DBS for inclusion on any certificate issued. The details provided on this form may be used to update the records held by the bodies specified above. The details provided on the application form may be used to verify your identity for authentication purposes. The DBS may use any information provided by the DBS on a certificate or otherwise held by the DBS to inform any of its barring decisions made under its powers within the Safeguarding Vulnerable Groups Act 2006. v 9.0.

I have read and understand the [Disclosure and Barring Service Statement of Fair Processing], Privacy Policy for Applicants and consent is provided to the Responsible Organisation to receive an electronic notification once the Application has been processed. I consent to, Clear Check Ltd T/A Clear Check signing the application on my behalf and receiving an electronic notification once the application has been processed which states either the ‘Certificate contains no information’ or ‘Please wait to view applicant certificate’.

CANCELLATION/REFUND POLICY:

As stated by the Consumer Contracts Regulations “The right to cancel can be lost during the cancellation period if the service is provided in full before the 14 days elapses”. Our service fee is for the review, additional support and submission of application to Disclosure Scotland or the DBS and we are not able to undo our service once completed. By availing our service, you authorise www.clearcheck.co.uk to start the work immediately and this may affect your right to cancel once your order has been placed. Our processing team work in real time and will in many cases have started the review of your application within minutes of you submitting your application online.

If you request cancellation of the service and a refund is agreed after the application has been checked, reviewed or verified by a member of our staff but before the application has been submitted to the issuing body, an administration fee will be calculated based on the level of work carried out to the point at which you cancelled. You will then be required to accept or decline the refund. In such circumstances where cancellation is requested after the application has been submitted to the issuing body, no refund will be possible as the service will, at that stage, be deemed as having been completed in full.
Refund requests must be submitted via our contact form on clearcheck.co.uk.

Registered address: Clear Check, 27 Old Gloucester Street, London, WC1N 3AX

Should you wish to contact us by mail for any reason, you can get in touch at:
Clear Check, 27 Old Gloucester Street, London, WC1N 3AX.