Terms And Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you associated with seeking a DBS check certificate and such other services as are displayed on our website from time to time. For further information regarding our services, please have reference to our website https://dbsapply.org.uk/ (and the Terms of Use which apply to its usage, accessible via https://dbsapply.org.uk/terms-of-service and in particular the FAQ section accessible via https://dbsapply.org.uk/faqs
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Agreement. Upon submitting your order to us, you shall be required to click on the button marked “I agree” so as to indicate that you accept these terms. A refusal to do so will prevent you from receiving any of our services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Maki Online Services Limited (trading as DBS Apply) a company registered in England and Wales. Our company registration number is 11285396 and our registered office is at Njk House Office 8 Unit B2, Haslingden Road, Blackburn, BB1 2EE. Our registered VAT number is 298981519. We are regulated by the Information Commissioner's Office (I.C.O) Reference – ZA485983
2.2 Who we are not. Please be aware that we are not the UK Government, or anybody or a department of it including the Department for Work and Pensions (DWP), HMRC, the Disclosure & Barring service or the Job Centre Plus, nor do we have any affiliation with the aforementioned. For the UK Government and its application services, please access https://www.gov.uk/.
2.3 How to contact us. You can contact our customer service team via any of the methods set out on https://dbsapply.org.uk/.
2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you have selected you agree to our “terms of service” on our website, made a payment and received a notification confirmation email, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. You May still be charged if the application has begun processing and does not meet the eligibility requirements. This might be because of:
3.2.1 you are under the age of 16;
3.2.2 unexpected limits on our resources which we could not reasonably plan for;
3.2.3 because a credit reference we have obtained for you does not meet our minimum requirements;
3.2.4 because you do not meet the eligibility requirements (e.g. because you are under the age of 16) or for the services (e.g. because the information that you provide in the Application Form is entirely accurate and correct);
3.2.5 because we reasonably deem that you are committing a criminal or fraudulent act, causing nuisance, annoyance or an inconvenience to any third party;
3.2.6 because we have identified an error in the price or description of the services; or
3.2.7 because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Whilst we accept orders from outside of the UK, our products are solely related to the UK
3.5 Acting on behalf of a third party. If you are making an application to receive anything from us for and on behalf of a third party, we require confirmation of that individual’s consent and that the individual (were s/he submitting the application in their own right) is not in breach of any of the requirements of these terms.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to anything you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the services. We may change our products:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements, and where these changes will not affect you.
5.2 More significant changes to the products and these terms. In addition, if we have to make more significant changes, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6. PROVIDING THE SERVICES
6.1 When we will provide the services.
6.1.1 We offer a fully online application service, available 24/7; however, during the order process you will have the option to select the relevant processing timescales for when we will provide the services to you should we accept your order.
6.1.2 Your identity will be checked by us prior to it being submitted to our Umbrella Body (uCheck) then to the Disclosure & Barring Service. All certificates are processed at the final stage by the Disclosure & Barring Service . Thereafter, we shall assist you searching for the relevant Dbs documents you have selected.
6.1.3 The estimated completion date for the services is as told to you during the order process. Please be aware that the Fast Track Service offered on our website only provides for us to expedite your application. It will enable us to prioritise in checking, preparing, processing and reviewing your application. It will not provide you with any expedited service by the Disclosure & Barring service.
6.1.4 We shall contact you through the process including to advise you when we have begun the process, submitted an application and completed processing your information.
6.1.5 When submitting documents via post or email (to either [email protected], [email protected] ) the applicant or employer authorises and requests DBS Apply to commence work immediately in accordance with regulation 36(1) The consumer contracts (information,cancellation and additional charges) Regulations 2013.
6.2 We are not responsible for:
6.2.1 For delays outside our control. If our supply of the services is delayed by an event outside our control (including the actions or omissions of you or a third party) then we will contact, you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event;
6.2.2 Where you do not allow us access to provide services (where applicable). If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange performance of the services we may end the contract and clause 9.2 will apply; and
6.2.3 For the ultimate decision of the Disclosure & Barring service. If the Disclosure & Barring service finally determine that you are not entitled to receive the requested Dbs documents, then you agree and acknowledge that this falls outside of our determination and that we shall not be liable to issue you with any refund of monies paid for the services to date.
6.3 DBS Apply offer a fast track service.
6.3.1 This service offers a 3 working hours processing rate.
6.3.2 If you have selected the fast track service this will not commence until you have uploaded documents.
6.3.3 Please note if you have uploaded documents outside of our 9am -5pm working hours, Monday to Friday, the 3 hour fast track service will not begin till the working hours commence.
6.3.4 When you have submitted your documents and there is an error with what has been submitted, DBS Apply will not take responsibility for delays outside the 3 hour time frame.
6.4 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the services to you, for example, that set out in the order process. We will contact you to ask for this information where it is not provided, appears incorrect or incomplete. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
6.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
6.5.1 deal with technical problems or make minor technical changes;
6.5.2 update the services to reflect changes in relevant laws and regulatory requirements;
6.5.3 make changes to the services as requested by you or notified by us to you (see clause 5).
6.6 Your rights if we suspend the supply of the services. We will contact you in advance to tell you we will be suspending the supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for the services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
6.7 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute any unpaid invoice (see clause 11.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).
6.8 Completion. Our services to you will be completed:
6.8.1 when your application has been reviewed, processed and submitted to Disclosure and Barring Service.
6.8.2 DBS certificates are created and sent to you by the Disclosure and Barring Service. As we do not create or send them to you, we are not responsible for any delay in your receiving them. We do not provide a follow up or chasing service. If you do not receive your DBS certificate within 14 days of your check being submitted, please contact Disclosure and Barring Service directly on 03000 2000 190.
You may request your unique reference number or a summary certificate from our Processing Team once it is available.
7. DELIVERY POLICY
7.1 All Scottish certificates will be sent via 1st class tracked post within 21 working days of the check being completed
7.2 We will hold all tracking information in regards to any certificates sent directly from DBS Apply , you may request this at any time within 3 months of the check being completed.
7.3 All certificates for England, Wales, the channel Islands and the Isle of Man, will be sent directly from our umbrella body, DBS Apply does not take responsibility for any certificates not dispatched in this process.
7.3.1 We can not guarantee a time frame for the arrival of certificates outside of England, Wales, the channel Islands and the Isle of Man.
7.3.2 DBS Apply does not take responsibility for postage of certificates outside of the England, Wales, the channel Islands and the Isle of Man.
7.4 On completion of your check , A certificate will be dispatched via our umbrella body. DBS Apply do not take responsibility for any delays within the postal service or undelivered mail.
7.5 All certificates will be delivered after completion of checks to the stated delivery address at the time the order is placed.
7.6 DBS Apply reserves the right to change the delivery time frame where required.
7.6.1 The delivery time frame may change based on the following factors, Length of time of check, type of check required and queries regarding the check.
8.YOUR RIGHTS TO END THE CONTRACT
8.1 Ending your contract with us. You as a consumer loses the right to cancel a service contact that has been performed fully within the cancellation period, as you agreed to this acknowledgement that you would lose your right to cancel once the contract had been performed fully. This is agreed when agreeing to our terms of service. see our Refunds Policy, available via https://dbsapply.org.uk/
8.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see our Refunds Policy, available via https://dbsapply.org.uk/terms-of-service (Policy);
8.1.2 If you have just changed your mind, you as a consumer normally have no automatic right to change your mind and to cancel a contract, if this happens you are in breach of contract. see our Refunds Policy, available via https://dbsapply.org.uk/terms-of-service
8.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see Policy.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due or
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our products.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for any products we have not provided but we may deduct or charge you a percentage of the price calculated depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the products. We may write to you to let you know that we are going to stop providing the products. We will let you know as soon as reasonably practicable in advance of the supply of the products and will refund any sums you have paid in advance for that which will not be provided.
10. IF THERE IS A PROBLEM
10.1 How to tell us about problems. If you have any questions or comments, see the Policy.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the prices advised to you are correct. However please see clause 11.3 for what happens if we discover an error in the price.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of our products may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid.
11.4 When you must pay and how you must pay. We accept payment via any of the methods displayed on the website at the time of your order. Unless otherwise agreed between the parties you must pay for the services in full upon placing your order.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our products.
12.3 We are not liable for business losses. We only supply our products for domestic and private use. We will therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookies Policy, available via https://dbsapply.org.uk/
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and (subject to your rights as a consumer to bring proceedings elsewhere) you can bring legal proceedings in respect of the products in the English courts.
14.6 You have 3 weeks from our last communication to complete any relevant steps needed, if there is no communication, you will receive an email to advise the contract is due to end. Once this email has been sent, you will have 7 days to contact us. If no contact has been received within the 7 days, the contract between Us and you will come to an end. If you get in touch with us after the contract has ended, you will be required to submit a new application, however we may charge a fee to reinstate the application. This will be dependent on the circumstances.
Refunds Policy
This Policy should be read in conjunction with our standard Terms and Conditions of service (Terms) and all defined terms used in this Policy shall take the meanings given to them in the Terms.
1. YOUR RIGHTS TO END THE CONTRACT
1.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 1.1(a) to 1.1(e) below the contract will end immediately and we will not refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to our products or these terms which you do not agree to (see clause 5.2 of the Terms);
(b) we have told you about an error in the price or description of the products you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of our products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
1.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
1.3 When you don't have the right to change your mind.
(a) You do not have a right to change your mind in respect of services when once we have begun processing or the services have been completed, even if the cancellation period is still running.
1.4 How long do I have to change my mind?
Where you have purchased services, you have 14 days after the day we email you to confirm we accept your order. However, once we have begun or completed the services you cannot change your mind, even if the period is still running.
1.5 Ending the contract where we are not at fault and there is no right to change your mind.
(a) Even if we are not at fault and you do not have a right to change your mind (see clause 8 of the Terms), you can still end the contract before it is completed, but you may have to pay us compensation.
(b) The contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know.
(c) The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.
2. PROBLEMS – SUMMARY OF YOUR LEGAL RIGHTS
2.1 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
2.2 This summary is subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk. The Consumer Rights Act 2015 says:
(a) you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
(b) if you haven't agreed a price beforehand, what you're asked to pay must be reasonable; and
(c) if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
2.3 See also Exercising your right to change your mind (Consumer Contracts Regulations 2013) under clause 1.2 above.
3. TAKING ACTION TO END THE CONTRACT
3.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting via email on [email protected]. You will need to include the name used on the application, email address and preferably your order number.
Please note that all the cancellations must be in writing.
or where you are exercising your right to change your mind by using the Model Cancellation Form set out in the Schedule to this Policy. Please provide your name, home address, details of the order and, where available, your phone number and email address.
3.2 How we will refund you. We will refund you the price you paid for the products (we do not refund delivery costs and sms update charges), by the method you used for payment. However, we may make deductions from the price, as described below.
3.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. Where termination arises through any other means (including where you have breached the Terms), please be aware that no refunds will be made.
3.4 When your refund will be made. We will make any refunds due to you as soon as possible. Please be aware that to compensate us for our time and the administration in processing refunds, an administrative fee will be applied and deducted in advance of the balance of any refund being credited to you.
3.4.1 The refund will adhere to the same as above, however the standard refund will incur a minimum administrative fee of £9.00. The administrative fee will be varied based on the level of check.
3.4.2 Please be advised if you have uploaded documents you will have void the refund policy and you will not be eligible for a refund.
3.4.3 Duplicate orders. You will be eligible for a partial refund if both orders are placed 1.5 hours of each other, and you email within 1.5 hours of the second order. Anything outside of this time frame voids your right to a refund.
Schedule 1 - Complaints Policy
1. COMPLAINTS REGARDING REFUNDS.
1.2 We operate a three stage resolution process
1.3 You must submit your complaint regarding the refund where the case will be investigated by a finance administrator. A response will then be issued within 3 working days.
1.4 If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of finance to review. A response will be issued with in 5 working days.
1.5 When an issued second stage dispute is not satisfactory you may request a final stage dispute.
1.6 You will be required to supply a full factual encounter and detailed reason for dispute.
1.7 Once 1.6 has been completed, a new investigation will open with our Quality and Compliance team.
1.8 They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.
2. COMPLAINTS REGARDING SERVICE.
2.1 We operate a three stage resolution process.
2.2 You must submit your complaint regarding the refund where the case will be investigated by a Complaints handler. A response will then be issued within 3 working days.
2.3 If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of the Complaints team. A response will be issued with in 5 working days.
2.4 When an issued second stage dispute is not satisfactory you may request a final stage dispute.
2.5 You will be required to supply a full factual encounter and detailed reason for dispute.
2.6 Once 2.5 has been completed, a new investigation will open with our Quality and Compliance team.
2.7 They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.
3. We require all complaints in writing, please email or post your complaint to the following:
OR
DBS Apply (Maki Online Services Limited)
office 8
NJK House
Haslingden Road
Blackburn
Lancashire
BB1 2EE
4. All correspondence regarding complaints will be handled in writing for record purposes.
5. We follow The Information Commissioners Office (ICO) guidelines in regards to personal data, Please refer to the ICO guidelines for any queries.
6. If you feel we have violated your rights in regards to your personal data, Please email the following;
7. All Monetary complaints can be resolved through banking disputes, however only when We policy has been upheld.
8. If you require the data we hold in regards to your application, you will need to request a subject access request (SAR).
9. We require all Subject Access Requests in writing to the above email or address.
9.1 You will receive an acceptance email which will contain a form.
9.2 You are required to complete the form and return it , We will then comply.
10. We have one calendar month from receiving your completed form to comply with the request.
11. All requests to remove your personal data must be in writing.
12. We will be unable to remove your data for the following reasons;
12.1 You have an open complaints case.
12.2 There is a refund pending on your application.
12.3 The application is under review and has not been cancelled.
13. Please note all time frames are subject to change, we will inform you if there is a change in the response time.
14. We will only store call recordings for 3 months, any request that are received outside this time we will be unable to meet.
Schedule – Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: DBS Apply (Maki Online Services Limited)
Office 8
NJK House
Haslingden Road
Blackburn
Lancashire
BB1 2EE
I hereby give notice that I cancel my contract for the supply of DBS Apply’s services, particularised as follows:
Ordered on : ………………………………
Order Number: ………………………………
Name of consumer: ………………………………
Address of consumer: ………………………………
Signed: ………………………………
Dated: ………………………………
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