3Sixty Ltd Terms And Conditions
1. Definitions In these terms and conditions, where the context admits:
1.1 “the agreement” means the agreement between you and 3Sixty Ltd for the provision of services;
1.2 “breach of duty” includes any breach of duty, infringement of any or other proprietary rights, commission of a criminal offence, breach of warranty or contract, misrepresentation and any tortious wrong, and breach of any statutory or other regulatory requirements.
1.3 “3Sixty Ltd” means, and is a trading name of, 3Sixty Ltd, a company incorporated in England (number: 5645374) and whose registered office is at Swatton Barn, Badbury, Swindon Wiltshire SN4 0EU;
1.4 “Intellectual Property” means copyright (including the look and feel of a website to a reasonable person), designs, patents, trademarks, data protection rights, concepts, ideas and programming;
1.6 “referee” means any individual, organisation, company, credit reference agency, body or person (whether or not incorporated, and natural or legal) named by you, or on your behalf, as being an employer or former employer.
1.7 “report” means a report by 3Sixty on the result of its enquiries and requests for verification of facts, information or statements made of referees;
2. Application And Extent
2.1 These terms and conditions cover the provision by 3Sixty of services to you and are incorporated in the agreement (subject to any agreed amendments).
2.2 The agreement contains the entire agreement between you and 3Sixty and supersedes all other agreements, arrangements, undertakings, proposals and representation relating to the services.
3. 3Sixty’s Obligations
3.1 3Sixty will provide the services to you in accordance with the agreement.
3.2 Any specified dates and times for provision of the services are target dates and times subject to the availability of the referees
Completion of Services
3.3 The obligations of 3Sixty, when agreeing to verify the details of any individual, are to request verification of name, current home address, and date of birth (if possible) claimed in the application form by communicating with a licensed credit reference agency and verification of present or previous employment by communicating with each referee until a reference or refusal to provide a reference is obtained.
3.43 Sixty may, at its discretion and without obligation, make additional enquiries to clarify or correct any response it receives as a result of its enquiries or for any other purpose.
3.5 3Sixty will send communications by post, facsimile transmission, telephone, e-mail or other means as it thinks fit, using contact details supplied by you.
3.6 Performance of services under clause 3.3 constitutes complete performance by 3Sixty.
4. Limitations On Liability
3Sixty aims to validate tenancy application details promptly and efficiently. Nevertheless, the following terms and conditions apply.
Each is (subject to clause 8.2) to be construed independently of the others and as widely as possible:
4.1 3Sixty has no obligation beyond a duty to exercise reasonable skill and care in providing the services in accordance with the agreement.
4.2 3Sixty is not liable for any loss of earnings, profits, savings or business or personal opportunities or for any other loss that is consequential on any alleged breach of duty by 3Sixty.
4.3 3Sixty relies on information supplied by you and by referees in providing services. 3Sixty is not liable for any losses, claims, expenses, damages or liabilities that you may endure as a result of any inaccuracy in, or omission from, information supplied by you or by referees or for the consequence of its reliance on that information as being true, complete and fair.
4.4 The obligation of 3Sixty is limited to requesting verification from referees of facts comprised in the tenancy application to the extent it has agreed to do so and reporting on the outcome of such requests. 3Sixty does not guarantee, represent or warrant that those facts or the answers or comments of referees are or will be current, complete, true, accurate, balanced or fair, irrespective of the response received (if any) or of the contents of its report and is not responsible for them.
4.5 3Sixty sends requests and enquiries to referees using information, names and contact details supplied by you. 3Sixty will attempt to the extent possible to verify that information or the identity, contact details or status of referees whom it contacts and is not liable for the fraud, dishonesty, forgery, misrepresentation or personation of or by any persons whom it contacts, or from whom it receives a response, or any other person.
4.6 3Sixty’s total liability to you is limited to the amount paid by you to them in respect of the services to which any claim relates.
4.7 3Sixty is not liable for any breach of duty caused by, or in respect of which loss is caused or increased by, act of God, insurrection or civil disorder, war or military operation, weather, acts of any government or public authority, the acts or omissions of any other person or anything else outside 3Sixtys reasonable control.
5. Your Obligations
You must comply with the following obligations. They do not widen 3Sixtys obligations in any way or affect any other obligations of yours. They are to be construed independently of one another and as widely as possible.
5.1 You must pay 3Sixty promptly and in full in cleared sterling funds, or in accordance with its directions, in respect of charges and expenses for any other services.
5.2 All charges or expenses must be paid within 30 days of invoice or demand. 3Sixty may demand payment on account or in arrears in respect of any liability to be incurred to a third party in providing services.
5.3 No deductions may be made from any payment to be made to 3Sixty, by way of set off or otherwise.
5.4 If any payments to 3Sixty are not paid in full when due and payable, all payments concerning the services or any other services requested by you (whether or not under the agreement and whether or not the services to which they relate have been commenced or completed) immediately become due and payable in full.
5.6 You must ensure that your use and retention of any report or other information supplied by us complies with all applicable laws and regulatory requirements.
5.7 You must breach no duty, and do nothing in using 3Sixtys services, in handling or storing information that would constitute a breach of duty by you or otherwise bring 3Sixty into disrepute.
5.8 You agree to indemnify 3Sixty against any losses, actions, proceedings, claims and demands (including the costs of or payable by 3Sixty in connection with them and including any sustained in criminal or disciplinary proceedings):-
5.8.1 sustained by reason of any breach of duty by you or
5.8.2 arising as a result of or in connection with the provision of services or any act or omission carried out by 3Sixty at your request or direction.
5.9 You must notify 3Sixty promptly of any changes to your name, address or e-mail address.
6. Intellectual Property And Other Property Rights
3sixty retains all Intellectual Property in:
6.1 its website;
6.2 any report;
6.3 any document or information obtained or produced in connection with services; and
6.4 all website design, text, graphics, software, source code and other material on the website.
7.1 3Sixty may terminate the agreement to supply the services any time and without notice if you breach it in any way.
7.2 In the event of termination of the agreement or services in any circumstances:
7.2.1 3Sixty may withdraw access to any report.
7.3 Your accrued obligations to 3Sixty, and 3Sixty’s remedies, are otherwise unaffected by termination of the agreement or services as above or by any time, indulgence or waiver given by 3Sixty.
8. Supplementary Provisions
8.1 Any notices to be given to you by 3Sixty may be given in writing or by facsimile transmission sent to the address or number last notified to 3Sixty by you, or by e-mail to the last e-mail address notified by you to 3Sixty. Any notices to be given to 3Sixty by you must be delivered in writing, by facsimile transmission, by email or by letter.
8.2 If these terms and conditions are void, unenforceable or ineffective in any respect but would be valid, enforceable and effective if part of its wording or its effect were deleted, qualified, modified or restricted in scope, they operate as if such wording or effect were so deleted, qualified, modified or restricted as necessary to make it or the remaining provisions valid, enforceable and effective.
8.3 3Sixty may amend these terms and conditions and alter services at any time. Any such amendment may be notified to you by e-mail, letter or facsimile transmission or by display on the 3Sixty website. Any such amendment has immediate effect.
9. Personal Data
Where 3Sixty processes personal data (as defined in the Data Protection Act 1998) on your behalf, you shall be the data controller and 3Sixty the data processor of such personal data (as each of those terms are defined in the Data Protection Act 1998), and 3Sixty shall:
9a. Process such data solely in accordance with your instructions from time to time (consistent with its duties under the Data Protection Act 1998); and
9b. Adopt and maintain appropriate security measures for processing data, both in terms of the technology used and how it is managed.
DISCLAIMER TO EMPLOYERS
In the following:
“referee” means a person or institution by which a subject claims to be, or have been, employed or qualified to 3Sixty to verify any employment: and “subject” means an individual in respect of whom 3Sixty is asked to verify employment, professional, trading and contracting history.
3Sixty has no obligation to you beyond a duty to exercise reasonable skill and care in providing this report.
3Sixty is not liable for any loss of earnings, profits, savings or business or personal opportunities or for any other loss that is consequential on any alleged negligence or breach of duty by 3Sixty.
3Sixty relies on information supplied to it by its customers and by referees in making its requests for verification, enquiries and report. 3Sixtyt is not liable for any loss, damage or liability that you may endure as a result of any inaccuracy in, or omission from, contact details or information supplied by you, by our customer or by referees or institutions or for the consequence of its reliance on that information or those details as being true, complete or fair. 3Sixty is not liable to you for any loss or damage endured as a consequence of your reliance upon its enquiries and requests for information or its report of the answers to, and outcome of, such enquiries and requests.
The above provisions must be construed as widely as possible, and independently of one another.
If any provisions in this disclaimer are void, unenforceable or ineffective in any respect but would be valid, enforceable and effective if part of its wording or its effect were deleted, qualified, modified or restricted in scope, they operate as if such wording or effect were so deleted, qualified, modified or restricted as necessary to make it or the remaining provisions valid, enforceable and effective.