Terms of service

1. About us

1.1 Sec Watchdog Limited trading as Security Watchdog (company number 14616198) is a company registered in England and Wales. Our registered office is at Davy Avenue, Partis House, Knowlhill, Milton Keynes, Buckinghamshire, MK5 8HJ (“we” and “us”).

1.2 To contact us, telephone our Customer Service Team on 01420 593 830 or email screening@teammatrix.com.

2. Our contract with you

2.1 These terms and conditions (“Terms”) apply to the supply of online pre-employment screening services (as set out on our Website) (“Services”) by us to you (“Contract”).

3. Orders placed by you and the duration of our contract

3.1 Orders for Services placed by you on our website https://www.securitywatchdog.org.uk/ (“Website”) are subject to our acceptance. We may reject an order for any reason at our absolute discretion. We will refund all rejected orders within 30 days.

3.2 If we accept your order, you will receive an acknowledgement of your order by email.

3.3 Your entitlement to receive the Services starts when we have received full payment of the Charges for the Services and sent you a confirmatory email of your order. Your entitlement to receive the Services continues until the earlier of the completion of the Services or the Contract being terminated in accordance with these Terms.

4. Our Services

4.1 We will provide the Services using reasonable care and skill in accordance with these Terms. Your use of the Services is subject to these Terms.

4.2 We will supply the Services to you in accordance with the relevant service description appearing on the Website at the time of your order.

4.3 Subject to you complying with your obligations under clause 5, we will use reasonable endeavours to provide you with the Services within the timescales published on our Website at the time of your order.

4.5 We may suspend or discontinue the Services at any time if the information required to provide them is unavailable through no fault of yours. In these circumstances, we will refund any advance payments relating to Services that have not started. For the avoidance of doubt, no refund is due where we cannot provide the Services because you have failed to supply the information required for us to do so.

4.6 Once screening is complete, we will provide you with a completion certificate. You are responsible for informing the candidate of their result relating to the Services.

5. Your obligations

5.1 It is your responsibility to ensure that, each time you use our Services:

• (a) the terms of your order are complete and accurate;
• (b) you co-operate with us in all matters relating to the Services;
• (c) you provide us with any information and materials we may reasonably need to supply the Services, and ensure that this information is complete and accurate in all material respects;
• (d) you ensure that the candidate provides us with their written authority to carry out the screening and vetting activities that form part of the Services (“Declaration of Authority”), along with any other information we require. Without this Declaration of Authority, we cannot carry out any of the Services;
• (e) the candidate provides us with the requested candidate information (“Candidate Information”) within 30 days of the date of the email confirming your order. If a candidate does not provide the Candidate Information within this 30-day period, we will delete the candidate’s data from our systems. You are not entitled to a refund if this happens.

6. Charges

6.1 Each time you use the Services, you must pay the charges in advance using the online payment portals on our Website (“Charges”). The Charges are our current price for the relevant Services (plus any VAT payable) as set out on the Website at the time of purchase.

7. Intellectual property rights

7.1 We own all intellectual property rights in, arising out of, or in connection with the Services. This includes the results, certificates and information we give you (“Certificates”). You may only make copies of the Certificates that you reasonably need for the internal purposes of your business.

7.2 You grant us a royalty-free, non-transferable, perpetual licence to use the Candidate Information to supply the Services to you and to improve the databases we use to provide the Services, including any other databases we use to provide similar services.

8. Refunds

8.1 We cannot provide refunds once we have confirmed your order by email. We will make any refunds at our absolute discretion, subject to a withdrawal fee of £15 per candidate. This does not affect your statutory rights.

9. Data Protection

9.1 See our Data Processing Agreement at https://www.securitywatchdog.org.uk/privacy-policy/data-protection-addendum/, which we may update from time to time.

10. Limitation of liability

10.1 Nothing in the Contract limits any liability that cannot legally be limited, including liability for:

• (a) death or personal injury caused by negligence;
• (b) fraud or fraudulent misrepresentation; and
• (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

10.2 Subject to clause 10.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill, and any indirect or consequential loss.

10.3 Subject to clause 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to 100% of the total Charges paid under the Contract.

10.4 We expressly exclude all liability for the content, quality or accuracy of information we receive and/or provide to you during the Service, whether this information comes from the candidate or other third parties. Under no circumstances are we liable for any failure to verify the accuracy and completeness of information provided by the candidate or other third parties, or for conducting further investigations.

10.5 We will not be liable if our Website is unavailable at any time or for any period, for any reason.

10.6 This clause survives termination of the Contract.

11. Confidentiality

11.1 Each of us agrees not to disclose, at any time during the Contract and for two years after it ends, any confidential information about the other’s business, affairs, customers, clients or suppliers, except as permitted by clause 11.2.

11.2 Each of us may disclose the other’s confidential information:

• (a) to employees, officers, representatives, subcontractors or advisers who need to know the information to carry out our obligations under the Contract. Each of us will ensure that these people comply with this clause 11; and
• (b) where required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

11.3 Each of us may only use the other’s confidential information to fulfil our obligations under the Contract.

11.4 We may, on occasion, use you in appropriate case studies on our website. If we do this, we will not use any personal data. Instead, we will use a generic example of how our solutions have provided efficiencies and/or resolution.

12. Termination rights

12.1 We may suspend your entitlement to receive the Services or terminate this Contract at any time.

12.2 We will fulfil any orders for Services received from you before termination or suspension, unless we suspect the Services are being used fraudulently or for the purposes of fraud.

12.3 Termination of this Contract will not affect:

• (a) any rights either of us gained before the Contract was terminated; or
• (b) any Terms that are intended to survive termination of the Contract.

12.4 Subject to you requesting the destruction or return of Candidate Information on termination, we will retain Candidate Information for 6 months before deleting it.

13. General

13.1 The Contract is the entire agreement between you and us in relation to its subject matter.

13.2 Neither party is in breach of the Contract, or liable for delay or failure in performing its obligations under the Contract, if that delay or failure results from events, circumstances or causes beyond its reasonable control.

13.3 We may change these Terms from time to time. If we do, we will post the changes on the Website. Your continued use of the Website after we make changes means you accept those changes.

13.4 If we do not insist that you perform your obligations under the Contract, or do not enforce our rights against you, or delay in doing so, this does not mean we have waived our rights against you or that you no longer have to comply with those obligations.

13.5 Each paragraph of these Terms operates separately. If a court or relevant authority decides that any paragraph is unlawful or unenforceable, the remaining paragraphs will stay in full force and effect.

13.6 The Contract is between you and us. No other person has any rights to enforce its terms.

13.7 English law governs the Contract. We each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.