DVLA Checking Service Schedule
In this schedule, the term “Service” refers to the DVLA Checking Service offered by Personnel Checks. This Service Schedule applies if the Approved Services on the New Account Onboarding Form belong to the DVLA Checking Product Family.
1. SERVICE DETAILS
1.1. Personnel Checks will process DVLA Checks as set out in this section. Personnel Checks and the Customer will carry out their respective obligations
1.2. The Applicant will apply for a DVLA Check via the Online Account using the online service made available by Personnel Checks.
1.3. Where the Applicant has completed the online application, Personnel Checks shall request the DVLA Check from its third party supplier. Its third party supplier is currently Licence Check.
1.4. The DVLA Check shall be the confirmation of the Applicants driving licence status and any recorded offences.
1.5. The results of the DVLA Check shall be available to the Authorised Users via the online service made available by Personnel Checks.
1.6. Personnel Checks shall use commercially reasonable endeavours to provide the online services and any necessary part of the System throughout the period of the Agreement subject to:
1.6.1. planned maintenance;
1.6.2. unplanned essential maintenance;
1.6.3. any failure of the Online Service or Pages.
2. CUSTOMER/APPLICANT OBLIGATIONS
2.1. The Customer shall comply with all provisions of the Licence Check Terms of Use (as amended from time to time). The Terms of Use reflect the requirements of the third party system providers and regulators, they may be updated from time to time and should be checked regularly.
2.2. The Customer shall ensure that all Authorised Users comply with the Authorised User Requirements that apply to the provision of the Service.
2.3. The Customer shall authorise Personnel Checks to communicate Applicant names alongside payment receipts and invoices.
3. CHARGES
3.1. The Purchase Method will be indicated on your New Account Onboarding Form
3.2. Where the customer has subscribed to the Purchase Method: ‘Applicant Pays’;
3.2.1. The Applicant shall pay the Application Fee and any other Fees that are payable to the Company. The fees charged to the Applicant are charged on behalf of the Customer and received by the Company as payment for the Services from the Company. All fees received by the Company from the Applicant shall be retained by the Company.
3.3. Where the customer has subscribed to the Purchase Method: ‘Standard, Credits or Monthly Invoicing’;
3.3.1. The Customer shall pay the Application Fee and any other Fees that are payable to the Company.
3.3.2. The Company reserves the right to obtain a credit reference check on the Customer prior to providing the Services. If such a check is not satisfactory in the opinion of the Company, the Company shall, without any liability to the Customer, be entitled to terminate the CSA with immediate effect, in which case the Company will refund to the Customer any Charges already paid by the Customer under the CSA.
3.3.3. If an invoice is required in the Services and Charges Sections it shall be raised and the Charges shall be paid to the Company in accordance with the requirements set out in the Services and Charges Section. Any interim payments which are to be made under the CSA shall be made in the amounts and at the times stipulated.
3.3.4. No payment shall be deemed to have been received until the Company has received cleared funds. In the event that any payee tenders payment by cheque and said cheque is returned unpaid to the Company, the payee shall reimburse the Company for any bank charges incurred by the Company.
3.3.5. All payments payable to the Company under the CSA shall become due immediately on its termination despite any other provision.
3.3.6. All payments due under the CSA shall be made in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the payor has a valid court order requiring an amount equal to such deduction to be paid by the Company to the payor.
3.3.7. If a payor fails to pay the Company any sum due pursuant to the Contract, they shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5 % above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment.
3.3.8. Where a payment is due from the Customer, any failure by the Customer to pay the Company any sum within 30 days of the due date for payment shall entitle the Company, at any time and without notice to the Customer and without limiting any other remedy available to the Company under the Conditions, the CSA, or otherwise:
3.3.8.1. to disable any password, account and access to all or part of the Services provided to the Customer and/or to suspend or cancel the performance of the Services;
3.3.8.2. to treat the CSA as having been repudiated by the Customer;
3.3.8.3. to terminate the CSA; and
3.3.8.4. to terminate any other subsisting contract with the Customer.
3.4. Where the customer has subscribed to the Purchase Method: ‘Standard’
3.4.1. Payment will be made in advance prior to setting up new applications. Payment can be made by card over the phone, BACS or cheque on pro-forma invoice.
3.5. Where the customer has subscribed to the Purchase Method: ‘Credits’
3.5.1. System credits will be purchased in advance. Personnel Checks will debit your account each time a check is submitted for processing.
3.5.1.1. System credits can be purchased in batch numbers
3.5.1.2. Once credits have been purchased, they are non-refundable.
3.5.1.3. Credits will expire and can no longer be issued after 2 years.
3.6. Where the customer has subscribed to the Purchase Method: ‘Monthly Invoicing’
3.6.1. Personnel Checks will send the Customer an invoice at the end of each month for all applications that have been processed within that month. Payment is due on receipt of the invoice.
3.6.2. The Company reserves the right to vary the Contract Charges by a fair and equitable amount as necessary to reflect any changes to the Services which may be required following a supplier Procedure Change.
3.6.3. The charge for this service by Personnel Checks is indicated on the New Account Onboarding Form.
3.6.4. All Applications that have already been processed or begun to be processed are non-refundable.
3.6.5. The Company shall be entitled to increase the Application Fee upon 30 days prior notice to the Customer.
3.6.6. The Fee is payable even if an applicant declines the offer of employment.
3.6.7. The Company shall be entitled to increase the Application Fee upon 30 days prior notice to the Customer.
Applicable Definitions
Applicant: means an individual who is the subject of or makes an Application.
Application Fee: means the fees payable as specified in the Charges
Application Form: means the form which an Applicant must complete for the purposes of a DVLA Check;
Approved Service: means the Service or Services which Personnel Checks have agreed to deliver to the customer;
Authorised User: means an employee or agent of the Customer who is the person or one of the people within the Customer’s organisation registered with the Company (as required by the Company) for access to data from the Company via the Online Account. Personnel Checks will only be able to exchange information with the named Authorised Users;
DVLA Check: means any DVLA Check carried out by Personnel Checks by means of the Online Account using the information provided to Personnel Checks in an Application Form;
Fees: means the Application Fee and the DVLA Check Fee and any other fees payable to the Company under the Contract;
Forecast: means where a Customer is a corporate entity, the number of DVLA Checks the Customer intends to make via the Services within the following twelve months from the date of that forecast;
Licence Checks Terms of Use: means the document setting out the terms of use for the Licence Check system which Authorised Users will use as part of the Services as amended from time to time;
Pages: means any online resource specified in Services and Charges Sections as being made available to the Customer;
Product Family: means the group to which the service belongs;
Purchase Method: The purchase method indicates how The Customer will procure Services from Personnel Checks;