HR Checking & Vetting Services Terms & Conditions

Definitions

  • Applicant – the individual whose details are provided to enable an online vetting and screening check.
  • Application – an application by an individual to carry out an online vetting and screen check of an Applicant.
  • Applicant Data – the data inputted by or on behalf of the Customer, Authorised Users, Applicant or RCPA on the Customer’s behalf for the purpose of using the Services or facilitating the Customer’s use of the Services and any data obtained from the
  • Applicant in relation to the Authorised Users.
  • Authorised Users – the Customer and if the Customer is a company those employees who are authorised by the Customer to use the Services.
  • Customer- the person or company who purchases Services from RCPA.
  • DBS – Disclosure and Barring Service
  • Personal data means data which relates to a living individual who can be identified.
  • uCheck – MG Care Executive Limited t/a uCheck which provides the HR platform used for these checks.

Applicant Data:

  • With respect to the parties’ rights and obligations under this agreement, the parties agree that in respect of all Customer Data and Applicant Data, the Customer is the Data Controller, RCPA & uCheck are the Data Processors and the Applicant is the Data Subject.
  • The Applicant shall own all right, title and interest in and to all of the Applicant Data and the Results and shall have sole responsibility for the accuracy and reliability of the Applicant Data.
  • The Customer may complete the application on behalf of the Applicant, provided the Applicant’s consent has been obtained.
  • The Customer and the Applicant shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Applicant Data. RCPA hereby disclaims all liability for the results of any checks where the Applicant Data is incorrect or inaccurate.
  • The Customer will comply with GDPR and the Data Protection Legislation in all respects. The Customer is responsible for obtaining all necessary consents from the Applicant with regard to transfer of the Applicant’s Personal Data to RCPA. The Customer warrants that it has all necessary and appropriate consents and notices in place to enable the lawful transfer of the Personal Data to RCPA. RCPA will process the Personal Data in accordance with the Customer’s written instructions. The Customer will indemnify RCPA against all claims, losses, fines or damages suffered by uCheck arising out of the Customer’s breach of this clause.
  • RCPA will not store applicant data, only process it for the purpose of the application. uCheck store and process the applicant data and the applicant must sign an e-Consent form at the time of application.
  • RCPA shall, in providing the Services, comply with its Privacy Policy and with the GDPR
    legislation.
  • RCPA will report data breaches as necessary to the Customer, Applicant and ICO in line with GDPR requirements.
  • RCPA shall update Applicant Data, prior to issue of the results, when the Customer has notified RCPA of any changes.
  • RCPA will not disclose or transfer the Personal Data to any third party other than uCheck or the DBS.
  • The Customer shall be responsible for ensuring that all Applicant Data provided to RCPA is accurate and complete and, to the extent that the Applicant Data comprises Personal Data, the Customer shall inform RCPA of any changes to such Personal Data.
  • The Applicant Data collected must meet legislative guidelines and therefore MUST be current information dated within 3 months of completing a vetting and screen check.

Customer Data:

  • Customer Data relates to any data provided on the HR & DBS Online Checking and Vetting Services Application Form.
  • The Customer shall be responsible for ensuring that all Customer Data provided to RCPA is accurate and complete and the Customer shall inform RCPA of any changes to such data i.e. changes to authorised users.
  • RCPA will not disclose or transfer the customer data to any third party other than uCheck or the DBS.
  • RCPA shall, in providing the Services, comply with its Privacy Policy and with the GDPR legislation.
  • RCPA will report data breaches as necessary to the Customer, Applicant and ICO in line with GDPR requirements.
  • RCPA will contact the customer annually to acquire up to date customer data.
  • RCPA will store and process customer data up until termination of the service to the customer.
  • Customer data will be provided to uCheck and used for log in details to the system.
  • RCPA will use customer data to contact the customer with any queries or information relating to applications and also with general service information.

RCPA Obligations:

  • RCPA undertakes that the Services will be supplied with reasonable skill and care
  • If the Services do not conform with the foregoing undertaking, RCPA will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer’s sole and exclusive remedy for any breach of the undertaking
  • RCPA does not warrant that the Customer’s use of the Services will be uninterrupted or error- free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer’s requirements; and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities
  • RCPA is not responsible for any delays, processing delivery failures caused by any third party; and is not responsible for any errors, mistakes or omissions provided in any data received from any third parties.
  • RCPA shall provide upon request a template of the Policy on the Recruitment of Ex-offenders.
  • RCPA shall provide upon request a template of the Handling of DBS/DS certificate information Policy Statement.
  • RCPA shall adhere to the DBS Code of Practice.

Customers’ Obligations:

The Customer shall:

  • provide RCPA with:

(a) such reasonable co-operation in relation to this agreement;

(b) such reasonable access to such information as may reasonably be required by RCPA to carry out its obligations; and in order to provide the Services, including but not limited to Applicant Data
comply with all applicable laws and regulations with respect to its activities under this agreement.
comply with all GDPR legislation.

  • The Customer hereby authorises RCPA to process Applicant Data
  • carry out all other Customer responsibilities set out in this agreement in a timely and efficient manner.
  • ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of this agreement and shall be responsible for any Authorised User’s breach of this agreement;
  • ensure that its network, security and systems during all stages of the check comply with the relevant legislations;
  • The Customer shall be solely responsible for ensuring the accuracy of all documents seen in support of the application including any expiry dates or other key information within any documentation.
  • It is a requirement that employers conduct visual checks and face to face meetings on the documentation submitted, prior to processing the vetting and screening checks.
  • The Customer shall be responsible for ensuring all Applicant Data is kept up to date in accordance with all Data Protection & GDPR Legislation.
  • It is the customer’s responsibility to ensure that end of employment dates for employees are given either to RCPA or entered onto an application to ensure data is deleted in line with GDPR.
  • It is the responsibility of the Customer to ensure they have a written policy on the secure handling of information provided by the DBS electronically or otherwise, and make it available to individuals at the point of requesting them to complete a DBS application form or asking consent to use their information to access any service that the DBS provides.
  • It is the responsibility of the Customer to ensure they have a written policy on the recruitment of ex-offenders for employment in relevant positions. This should be available upon request to potential Applicants.

Fees and Payment:

  • The Customer shall pay an initial Online Set-Up Fee, Application Fee, and any other Fees that may be relevant to RCPA’s services.
  • The Customer shall, in good time to give effect to these terms and conditions, provide to RCPA valid, up-to-date and complete contact and billing details which RCPA requests.
  • RCPA shall be entitled to increase any fees giving 30 days’ prior written notice to the Customer.
  • RCPA is not responsible or liable for a refund if the DBS/Police have withdrawn an application.
  • The Customer shall pay each invoice submitted by RCPA within 14 days of the date of the invoice and in full and in cleared funds to a bank account nominated by RCPA.
  • Application fees are applicable from the day the application is submitted, regardless of whether
    a result has been issued.
  • RCPA reserves the right to engage a debt recovery agent (to recover payment of the debt due) should the Customer fail to pay sums due to uCheck.
  • RCPA shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid.

Our current fees are detailed below:

Online Set-Up Fee £12.00
Enhanced DBS check £55.00
Volunteer DBS check £5.50
Adult ISA 1st check £11.00
Route 2 ID check £11.00
Basic DBS check £35.00
Right to Work check £8.00
DVLA check £8.00

Limitation of Liability:

The Customer acknowledges and accepts that:

  • the Services are subject to the limitations and issues inherent in the use of the Public Network (including denial of service attacks and telephony connections) and RCPA is not responsible for and shall not be liable to the Customer for breach of this agreement due to any problems or other damages resulting from such limitations or issues.

Termination:

This agreement shall commence on the date the customer application is received and shall continue unless either party notifies the other party of termination, in writing, in which case this agreement shall terminate with immediate effect.

Related Documents:

uCheck Privacy Policy
uCheck Terms & Conditions
DBS Code of Practice
RCPA Privacy Policy

X
- Enter Your Location -
- or -