This agreement for the provision of Disclosure & Barring Service (DBS) application services via www.crbonline.co.uk is entered into between MJD Ventures Ltd of 6-8 Trafalgar Rd, Kettering, NN16 8DA (hereafter referred to as “Company”) and of (hereafter referred to as “Client”)
Definitions
“Administration Fee” – Fee paid by the Client to the company for each application submitted
“Applicant” – Any Person for whom an application is made
“Application” – Criminal Record Disclosure of an Applicant from the Disclosure & Barring Service
“Authorised Person” – The Employee, Director or Proprietor of the Company or Client who is authorised by the 1997 Police Act to receive Disclosure & Barring Disclosure certificates, named on the agreement in Schedule 1 to perform identity checks on behalf of the Client
“Code of Practice” – Means any relevant Code of Practice issued by the Disclosure & Barring Service
“Commission” – The difference between Administration Fee and the net cost of the Disclosure Application
“DBS” – The Disclosure & Barring Service (formally known as the Disclosure & Barring Service
“Proof of Identification” – The level of identification required by the DBS as disclosed in their latest guidance notes, available – https://www.gov.uk/government/publications/dbs-identity-checking-guidelines/id-checking-guidelines-for-dbs-check-applications
“Registration Fee” – Relates to the Fee paid by the Client to the Company prior to the first application is submitted.
“Services” – The Company facilitating the use of the Umbrella Body by the Client in order to obtain DBS disclosure certificates for existing or prospective employees\members\associates.
“Umbrella Body” – The Care Bureau Ltd of 15 Waterloo Place, Leamington Spa, CV32 5LA, t\a Sector Services Bureau.
Introduction
The Company is an approved distributor of the DBS Umbrella services of the Umbrella Body via the portal: crbonline.co.uk. Thus is able to facilitate the applications for DBS disclosure applications on behalf of the Client for existing or prospective employees\members\associates.
The Client wishes to commission the Company to act in the above manner within the terms set out by this agreement.
This agreement encompasses all individuals that the Client commissions the Company to obtain Disclosure & Barring Service Disclosures for, and therefore schedules per individual are not required.
1 Company and Client Obligations
1.1 The Company agrees to carry out Services at the Client’s request in return for payment of the initial one off Registration Fee where advised and a single Administration fee per application.
1.2 Company agrees that in undertaking the services, the Company will:
1.2.1 Act according to Company Policies on all issues including but not restricted to – Data Protection, Health and Safety, Employment Legislation, Equal Opportunities, Other relevant policies
1.2.2 Carry out the Application in adherence to the DBS Code of Practice
1.2.3 Adhere to any procedures that are set out on this agreement or otherwise communicated in writing to the Client
1.2.4 Maintain the confidentiality of affairs relating to the Client, Authorised Persons and Applicants other than whereby legal restraints require information to be disclosed
1.2.5 Assist the Client in any investigation by DBS
1.2.6 Will not be required to retain copies of Disclosure & Barring Service Disclosure certificates
1.3 Client agrees that in commissioning the services of the Company the Client will:
1.3.1 Comply with the DBS Code of Practice
1.3.2 Ensure that it has an up to date policy on the Recruitment of Ex-Offenders, sample policy available here : http://www.DBS.gov.uk/PDF/DBS_DIP011-
1.3.3 Comply to all guidelines issued by the DBS
1.3.4 Co-operate with the Company in any inquiry or investigation relating to an Application
1.3.5 Strictly adhere to all payment terms as set out in this agreement
2 Invoicing and Payment
2.1 The Client agrees that the Company may invoice for the Administration Fee at the point at which DBS Disclosure Application form is submitted to the DBS
2.2 Invoices will be raised to the Client with relevant charges no later than 26 weeks after a Disclosure Application has been made by the Company
2.3 The Client agrees to pay the Company the Registration Fee
2.4 All invoices are to be settled within 28 days of invoice date
2.5 The Company reserves the right to levy a charge of interest of 5% over Bank of England base rate on overdue accounts
2.6 The Client agree to make the Company aware of any invoice that is in dispute no longer than 14 days after receiving it
2.7 The Company will only provide the Client a refund or credit if the Application does not reach the DBS
2.8 The most recent relevant Fees are available by contacting the Company and are subject to change at short notice
3 Severability
3.0 If any term in this Agreement is deemed as illegal on unenforceable, the remainder of this record will remain in force
4 Law and Jurisdiction
4.0 This Agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts
5 Limitations of Liability
5.0 The Company only accepts responsibility for:
5.0.1 Ensuring that each Application is forwarded to the DBS within 5 working days of receiving completed online request and relevant payments.
5.0.2 Acting within best intentions to ensure that the Application is completed in full to allow the DBS to process Disclosure as quickly as possible
5.0.3 Submitting any Application and Submission forms that are discovered to be incomplete whilst complying with point 22.b. of this agreement are returned to the Client for adjustment and resubmission within 5 working days of receiving it
5.1 The Company is does not accept responsibility for:
5.1.1 Ensuring the accuracy of the Proof of Identity
5.1.2 The accuracy of a DBS Disclosure record and any loss arising from its inaccuracy
5.1.3 Any delay in providing a DBS Disclosure Certificate or any other information where the delay is caused by the Client or the DBS
5.1.4 Any recruitment decision taken by the Client
5.1.5 Any loss directly or indirectly incurred by the Client including but not limited to – Goodwill, Profits, Breach of any other third party contractual obligations
6 Procedure
6.0 In order to adhere to the clauses governing this agreement the Client and Company agree to adhere to the following procedure:
6.0.1 At the Client’s request the Company will supply a client login for https://www.crbonline.co.uk
6.0.2 The Client will provide an Applicant login for https://www.crbonline.co.uk
6.0.3 The Client will take responsibility for ensuring the Applicant completes their relevant section of the online application.
6.0.4 The Client shall obtain the necessary Proof of Identity from the Applicant and shall satisfy themselves that that the Identity of the Applicant is consistent with the Proof of Identity provided.
6.0.5 The Authorised person of the Client will complete the Evidence of Identity part of the online process and submit to Sector Services Bureau.
6.0.6 At the point of submission, the Client agrees to the charges set out in their charges report which maybe requested at any time.
6.0.7 The Company will submit, electronically, the completed Disclosure Application form to the DBS.
6.0.8 The Applicant should receive their own copy of the Disclosure Certificate from the DBS
6.0.9 If the Client has requested a ISA First Check, then the corresponding email will be forwarded to an agreed Client email address
7 Assignment and Sub-Contracting
7.0 Neither Party may assign the benefit or burden of this Agreement to any Third Party
8 Force Majeure
8.0 The Company shall have no liability to the Client for any delay in performance of this Agreement to the extent that such delay is due to any events outside The Company’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events and/or any delay, interruption or suspension of service by the DBS. If the Company is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
9 Adjustments and Variations
9.0 Variations to the terms of this agreement may only be requested in writing to the Company, and are only deemed accepted when acceptance is submitted by the Company to the Client
10. The CRB Code of Practice and Data Protection compliance
10.1 The Client agrees, in fulfilling its obligations under clause 3 above or receiving or administering any Disclosure or using any such Disclosure or Disclosure Information it may contain for any purpose:
10.1.1 to adhere to and comply with the Code(s) of Practice of the DBS (www.dbs.gov.uk),
10.1.2 to adhere to and comply with all DBS requirements and stipulations published on any other relevant government agency or body websites.
10.1.3 to have, adhere to and comply with a Policy on Secure Storage, Handling, Use, Retention and Disposal of Disclosures and Disclosure Information in accordance with the Police Act 1997.
10.1.4 to have, adhere to and comply with a policy on the recruitment of ex-offenders which complies with the Rehabilitation of Offenders Act 1974.
10.1.5 to adhere to and comply with the Police Act 1997 and the Data Protection Act 1998 (“DPA”)
10.1.6 to adhere to and comply with any other applicable laws, legislation, regulations and codes of practice.
10.2 The Client agrees to indemnify and keep indemnified the umbrella body and the company against any and all losses, proceedings, lost profits, damages, awards, expenses, claims, costs (including increased administration costs and legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by Sector Services Bureau and arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by the Client including but not limited to any breach by the Client of their duty of confidentiality to any Applicant.
10.3 The Client acknowledges to the company that the Client is aware that Disclosure Information is Sensitive. Personal Data (as defined by the DPA) and subsequently the Client undertakes to Sector Services Bureau that the Client will obtain the explicit consent of each Applicant to process their sensitive personal data as is required under the DPA and comply strictly with all other requirements under the DPA in respect of the processing of Sensitive Personal Data.
11. Termination
11.1 – The Company reserves the right to refuse to process any or all applications submitted by the Client at the Company’s own discretion. Any paid applications that are refused by the Company prior to submission to DBS will be refunded in full within 14 days.
11.2 – The Company may, at its own discretion to de-register the Client where there are no outstanding applications that have either been paid and not submitted to DBS, or are already with DBS awaiting completion.
11.2 – There is no requirement for the Client to submit any minimum number of applications.
11.4 – The Client may request to be de-registered providing that all outstanding applications have been resolved and there are no outstanding monies. De-registration will take place within 28 days.