Terms and conditions

We want you to buy from us with confidence, so please read these Terms in full and should you have any questions you would like to ask us, please do not hesitate to contact us by telephone on 01992 414222 or by email on info@creditserve.co.uk

In the event of any conflict between these terms and conditions, and the terms and conditions of any ancillary contract, these terms and conditions shall prevail. 

CREDITSERVE BUSINESS INFORMATION LIMITED TERMS OF USE

  1. About us
    1. Company details. Creditserve Business Information Limited (company number 06534336) (we and us), is a company registered in England and Wales and our registered office is at Lyric House, 6b St Andrew Street, Hertford, Hertfordshire, SG14 1JA. We operate the website creditserve.co.uk.
    2. Contacting us. To contact us telephone our customer service team at 01992 414222 or email info@creditserve.co.uk How to give us formal notice of any matter under the Contract is set out in clause 2.
  2. Our contract with you
    1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of products by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
    2. Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    3. These Terms and the Contract are made only in the English language.
  3. Placing an order and its acceptance
    1. Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the products specified in the order (Products) subject to these Terms.
    2. Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. We will send you the Products by email so you must ensure your email address is accurate before submitting your order to us.
    3. Accepting your order. Our acceptance of your order takes place when we send the email to you confirming we have received payment in full from you in respect of the Products, at which point the Contract between you and us will come into existence (Sale).
  4. Our products
    1. Samples of our Products are freely and widely available on our website in addition to the detailed content descriptions. This information gives you the opportunity to make a well informed decision about any Product that you may wish to purchase. If you require any further information about any of our Products please contact us using the details set out at 2 (Contacting us).
    2. We use all reasonable efforts to ensure that information contained in our Products is up-to-date and accurate. However the data contained in our Products is provided by third parties (including but not limited to official registries) and so we accept no liability for information that is incorrect or not up-to-date.
    3. We have further conditions applicable to certain Products (as is set out at Schedule 1 to these Terms) (Product Specific Conditions). We advise you to read the Product Specific Conditions any Sale. For the avoidance of doubt, the Product Specific Conditions form part of the Contract. We reserve the right to amend the Product Specific Conditions conditions at any time. We will notify you of any material changes to the Product Specific Conditions.
    4. We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
  5. Return and refund
    1. The Sale of Products is a non-refundable transaction. Once we have accepted your order as set out in paragraph 2.3, you do not have the right to cancel the order.
      If you would like to discuss a recent purchase of one of our Products, please contact us using the details set out at paragraph 1.2.
  1. Delivery, transfer of risk and title
    1. We will email the Products to you at the email address provided by you during the order process. The Products will also be available to you by signing into your account at our website.
    2. You own the Products once we have received payment in full for the Products, and the Products have been emailed to you.
    3. If we fail to provide the Products to you, our liability is limited to the cost of obtaining replacement products of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to make the Products available to you was caused by an Event Outside Our Control, or because you failed to provide adequate contact details during the order process or any other instructions that are relevant to the supply of products.
  2. Price of goods and delivery charges
    1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
    2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
    3. The price of Products excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. We sell a large number of Products through our site. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
  3. How to pay
    1. You can only pay for Products using a debit card or credit card. We accept the following cards: Visa and Mastercard.
    2. Payment for the Products is in advance.
  4. Our warranty for the goods
    1. The Products are intended for use only in the UK. We do not warrant that the Products comply with the laws, regulations or standards outside the UK.
    2. We do not warrant that the information contained in the Products is accurate or up to date.
    3. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
  5. Our liability: your attention is particularly drawn to this clause
    1. References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    2. We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
    3. Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation;
      • any other liability that cannot be limited or excluded by law.
    4. Subject to clause 3, we will under no circumstances be liable to you for:
      • any loss of profits, sales, business, or revenue;
      • any credit decision you make as a result of (or otherwise) the information contained in the Products;
      • loss or corruption of data, information or software;
      • loss of business opportunity;
      • loss of anticipated savings;or
      • loss of goodwill; or
      • any indirect or consequential loss.
    5. Subject to clause 3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed £500.
    6. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
  6. Data and Security
    1. In this Section, references to “Personal Data”, “Process/Processing”, “Controller”, “Processor”, “Data Subject” and “Supervisory Authority” shall have the same meaning as in the GDPR/any successor legislation (“Data Protection Laws”).
    2. To the extent that either party is required to Process Personal Data under this Agreement, it shall only do so in the manner permitted or required by applicable Data Protection Laws. Each party acts as an independent Controller with respect to the Personal Data which it Processes. The parties are not involved in the same Processing of Personal Data. Without limitation to the foregoing provisions:
      • Neither party will Process any Personal Data received from the other party for any purpose not specified in this Agreement (or otherwise agreed between the parties in writing) and provided always that there is a valid legal basis for such Processing.
      • Each party will take appropriate technical and organisational measures to protect the security and confidentiality of the Personal Data which it Processes.
      • Each party will have in place procedures so that any third party authorised to access to the Personal Data will respect and maintain the confidentiality and security of the same.
      • If a party is required under any Data Protection Laws to provide information in response to an enquiry from a Data Subject/Supervisory Authority about the processing of Personal Data by that party, and it cannot provide sufficient information in order to discharge its obligations without the other party’s assistance, then the other party will provide such assistance as is reasonable in the circumstances.
    3. Each party will identify to the other a contact point within its organisation authorised to respond to enquiries concerning Processing of the Personal Data, and will co-operate in good faith with the other party, the Data Subject and the Supervisory Authority concerning all such enquiries within a reasonable time.
    4. Where the transfer of Personal Data from one party to the other party involves a transfer of Personal Data to a country outside of the European Economic Area, unless the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR, the parties will enter into the standard contractual clauses set out in the annex to the EU Commission Decision 2004/915/EC or any other standard contractual clauses issued by the EU Commission which replace such clauses from time to time.
  7. Termination
    1. Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
      • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so;
      • you commit a breach of paragraph 9.2;
      • you fail to pay any amount due under the Contract on the due date for payment;
      • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    2. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  8. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (including but not limited any relevant internet server being “down” or victim to a ransom or hacking attack) (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our ability to make the Products to you, we will endeavour to make the Products available to you as soon as is practicable.
  1. Communications between us
    1. When we refer to "in writing" in these Terms, this includes email.
    2. Any notice or other communication given under or in connection with the Contract must be in writing and be sent by a Royal Mail signed for service or email.
    3. A notice or other communication is deemed to have been received:
      • if sent by a Royal Mail signed for service, at 9.00 am on the second working day after posting; or
      • if sent by email, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove that such notice was sent in accordance with the terms of this clause 12:
      • If sent for by a Royal Mail signed for service, a receipt showing the letter was addressed to our registered address and that a Royal Mail signed for service was paid for;
      • If sent by email, a copy of the relevant email and any attachment thereto properly addressed showing the time and date on which the email was sent.
    5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  2. General
    1. Assignment and transfer.
      • We may assign or transfer all of our rights and obligations under the Contract to another entity and have no obligation to you to provide notice of such an assignment or transfer.
      • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    2. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
    4. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    6. Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

 

SCHEDULE 1

PRODUCT SPECIFIC CONDITIONS

  1. Anti-Money Laundering Searches
    1. AML Products are valid for 12 months from the date of Sale. After 12 months from the date of Sale AML Products expire and you will not be refunded for any unused credits.
    2. You must sign and return the Tracemart Limited terms and conditions before you are eligible to use the AML Product.
  2. Bronze, Silver or Gold Packages (Packages)
    1. Packages are valid for 12 months from the date of Sale. After 12 months from the date of Sale Packages expire and you will not be refunded for any unused credits.