Dated: 17^th November 2023

These Terms and Conditions are entered into by and between: 

Qubit HCM Ltd is a company incorporated and registered in England and Wales under company number 13597650 with a registered address at    46, Throwley Way, Sutton, Surrey, SM1 4AF and herewith known as the supplier operating as VVERIFY

The counterparty (“You”, “Your”, “Yours” or “Company”) whose registered country, address and signature are set out in the contract. Herewith known as customer

Qubit HCM  may update these Terms and Conditions from time to time. Once updated, they will be posted at www.vverify.co.uk. Please review this regularly on the website. The terms are valid from the date they are posted on our website. Continued usage of our services is deemed an acceptance of the revised terms and conditions.

About our service

• The Service is provided subject to these Terms and Conditions, which you, as the customer, accept in full
• The Service is further subject to our Privacy policy and the relevant signed contract between the Supplier and the customer, which, together with the terms and conditions, make up the whole agreement.
• In the event of a conflict between any of the Terms and Conditions, the contract, and the privacy policy, the following order of precedence shall apply: Privacy Policy, Contract, Terms and Conditions. 
• Any reports and information the Supplier provides is in good faith. The supplier accepts no liability for any damage caused by the report’s contents, the delivery timelines or the veracity of the contents.

What the terms mean

• “Agreement” means these Terms and Conditions, our Privacy Policy, and the signed contract. 
• “Applications” means services detailed in the signed contract between the customer and the Supplier.
• “Candidate” means anyone for whom a background check is requested. 
• “Checks” means any criminal record check, reference check, Social Media check, education verification, identity check or other type of check purchased by the customer as set out in the contract. 
• “Terms and Conditions” means these Terms and Conditions. 
• “Contract” means the signed scope, services, and pricing agreed upon between the Supplier and the Customer. 

Customer rights

• The Agreement shall commence when both parties sign the relevant contract or when an individual accepts the terms on our website (www.vverify.co.uk).
• The Agreement shall automatically renew monthly from the contract signature date if applicable. With Individuals buying a check, the agreement is for the specific check only.
• Business Customers can terminate the services by giving the supplier a full month’s notice
• If either party breaks the terms of the agreement, the other party will give 30 days to fix the issue. If the issue is not fixed, the party not breaking the terms can terminate the contract without penalty.

Customer responsibility

• Customer is responsible for ensuring they follow all applicable laws and regulations around hiring and onboarding. You must provide the right data to order a one-off check.
• Supplier will support the Customer in fulfilling their legal obligations but at no point will be responsible or take any liability for the decisions made by the Customer. The Customer is always fully responsible and accountable for all the decisions made.  
• You must provide accurate information when ordering a check. Failure will result in additional fees and can be a criminal offence.
• Failure to comply is a serious break of our terms and conditions, and VVERIFY will trigger the break notice, giving the customer 30 days to address the issues.
• Consent to obtain basic check electronic results.

• The party (business or Individual) ordering the check consents to the DBS providing an electronic result directly to VVERIFY (Trading name of Qubit HCM Ltd) and Access screening (responsible Organisation) that has submitted my application. I understand that an electronic result contains a message that indicates either the certificate does not contain criminal record information or to await a certificate which will indicate that my certificate contains criminal record information. Sometimes, the responsible organisation may provide this information directly to my employer before I receive my certificate. I understand if I do not consent to an electronic result being issued to the responsible organisation and VVERIFY submitting my application that, I must not proceed with this application. I should apply directly to the DBS Request a basic DBS check – GOV.UK (www.gov.uk). I understand that to withdraw my consent whilst my application is in progress, I must contact the DBS helpline at 03000 200 190. My application will then be withdrawn.

Payment

• Customer shall pay for the services upfront or allow VVERIFY to charge your Payment Method for all fees upon order. These fees are non-refundable.
• VVERIFY will process all payments via Stripe, and you consent to disclose your payment details to Stripe. 
• The customer agrees to waive their rights to have a 14-day cooling-off period

Processing times

• VVERIFY uses a variety of 3^rd parties to complete the background checks and can in no way guarantee the timelines when a check will be completed.

IP Rights

• QUBIT HCM Ltd owns all Intellectual Property Rights and all content displayed on the VVERIFY.CO.UK website, including, but not limited to, all trademarks, copyrights, database rights and other Intellectual Property Rights of any nature and all underlying software code. Copyright laws and treaties around the world protect those works. All such rights are reserved. 

Data Collected

• As your supplier of background checks, we will routinely collect data, which will be managed in line with our privacy policy.

Liability Limitation

• Nothing in these Terms and Conditions shall exclude or limit either Parties’ liability for death or personal injury caused by their own negligence or for any fraud or fraudulent misrepresentation. 
• Neither Party shall be liable to the other Party, whether in contract, tort (including negligence), restitution, breach of statutory duty or misrepresentation, or otherwise, for any loss arising out of or in connection with the Agreement falling under the following categories of loss: loss of income; loss of revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; waste of management or office time; or any indirect, consequential or special damages, costs or expenses.
• Either Party’s total liability in: contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Agreement shall be limited to the total amount paid by the customer as indicated on the signed contract, in the previous six (6) months before the event giving rise to a claim.

Confidentiality

• General All confidential information disclosed under this agreement will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose to any third party the confidential information of the disclosing party and will use the same level of diligence as it uses with its own confidential information. This includes pricing, implementation methodology, service levels and turnaround times.
• Return or destruction Upon the request of the disclosing party or upon termination of the agreement, the receiving party shall, to the extent possible, return or destroy all confidential material relating to this agreement.

Notices

• Any notice given under or in connection with the Agreement must be in writing and delivered to: [email protected]
• Any notice given to You under or in connection with the Agreement must be in writing and delivered to the email address specified in the signed contract.
• The signed contract shall be governed by and interpreted under English law and subject to the exclusive jurisdiction of the English courts.