THE MEMBER’S ATTENTION IS DRAWN SPECIFICALLY TO CONDITION 6 WHICH LIMITS AND EXCLUDES ICSM’S LIABILITY UNDER ANY CONTRACT TO WHICH THESE TERMS AND CONDITIONS APPLY.
1. DEFINITIONS
Charges
means the individual charges for Services either as set out in ICSM’s price list as at the date of ICSM’s Invoice for the Services or as otherwise agreed between ICSM and the Member
Conditions
means these terms and conditions as they may be modified or amended from time to time
Contract
means a contract between ICSM and the Member for the performance by ICSM of Services
ICSM
means ICSM, The Exchange, Express Park, Bristol Park, Bridgwater, Somerset, TA6 4RR
Information
means all information relating to the credit status of customers of Members, whether supplied by Members to ICSM or compiled by ICSM from public sources
Services
means any of the credit checking, debt recovery, consultancy and other services offered by ICSM from time to time and requested by the Member
Member
means a customer of ICSM who has completed a subscription form Or electronically acknowledged an email to subscribe for the provision of Services by ICSM.
Subscription
means the annual subscription fee for Services
2. APPLICATION
a) These Conditions shall be incorporated into and form part of each Contract.
b) A Contract shall be effective if the Member has clicked to “agree to ICSM’s Terms & Conditions and the requirements of the Data Protection Act 1998” to log in to ICSM’s website, or signed and dated a copy of these Terms indicating that the Member has read and understands the Conditions and agrees to be bound by them.
c) No term or condition of the Member's standard terms of trading or any set out in or referred to in any request for Services from the Member shall form part of the Contract and no such term or condition will modify or amend these Conditions.
d) Except in relation to the Subscription and the Charges, no change to or waiver of these Conditions shall have any legal effect unless agreed to in writing by ICSM and the Member.
e) ICSM shall be entitled to increase or decrease the Charges from time to time and any such change shall only take effect 30 days following the date of notification to the Member of such change.
f) Any change in the Subscription shall take effect from the beginning of the subsequent Subscription year.
3. PERFORMANCE OF THE SERVICES
a) Subject to the proper completion by the Member of a subscription form, payment of the Subscription and signature by the Member of a copy of the Terms, ICSM shall provide the Services requested by the Member from time to time.
b) A request for Services may be submitted to ICSM by the Member by its website, telephone, post, fax or e-mail.
c) ICSM shall respond to a request for Services within the time scales detailed in its brochure or indicated on its web site.
4. SUBSCRIPTION, CHARGES AND PAYMENT
a) The Member shall pay to ICSM as set out below the Subscription and Charges for the Information at the rates set out in ICSM’s price list current at the invoice date.
b) A Subscription must be held to entitle the Member to receive Information. Subscriptions are automatically renewed one calendar month before the annual renewal date at the same level as the previous year unless otherwise agreed in writing. The full amount of the Subscription when invoiced on account is payable in advance and expires 12 months from the date of its acceptance by ICSM. Alternatively the Member can pay by debit or credit card 12 monthly instalments (1/12th of the annual subscription). Credit and debit card payments are only available for monthly instalment payments and not one-off annual payments. Credit and Debit card monthly instalments will be taken at the end of each calendar month. The Subscription will be automatically renewed, unless the Contract is terminated as set out below.
c) ICSM shall issue an invoice in respect of Services provided as soon as possible following the performance of the Services in question. Except as set out in 4d) below and unless otherwise agreed in writing by ICSM, an invoice shall become due and payable within 30 days of its date.
d) Charges for debt recovery services, disbursements and Subscriptions are payable by return, and may be deducted at source where debtor funds have been paid direct to ICSM. Debt recovery accounts settled, and any monies received via any source after ICSM are instructed will be subject to commission fees at the prevailing rate. Once a case is passed to ICSM and a part payment results in a balance outstanding, the case will remain with ICSM until the full amount is cleared. Withdrawal of an account before ICSM recommends closure is subject to a commission charge equal to that of full collection, unless an alternative rate is agreed with ICSM before final action.
e) The Subscription and Charges shall be subject to the addition of Value Added Tax and other applicable tax or duty at the date prevailing at the date of the invoice.
f) ICSM may, if the amount of an invoice is not fully paid by the due date, suspend the provision of further Services without notice or liability to the Member.
g) Without prejudice to any other rights of ICSM, if the Customer fails to pay the amount due by the due date, interest shall be added to such amount at the daily rate of 8% over the base rate quoted by Barclays Bank plc for the period from and including the date of receipt (whether before or after judgment). ICSM reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. The Customer shall also reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount;
5. INFORMATION AND DATA PROTECTION
a) The Member warrants that it has obtained the consent of any individual concerned to the disclosure by it to ICSM of Information for the purpose of ICSM performing the Services, including consent to the retention by ICSM of that Information and disclosure of that Information to other Members.
b) The Member consents to all Information supplied by it, whether in relation to individuals, partnerships or companies, being retained by ICSM in its database for disclosure to other Members.
c) ICSM and the Member agree that they shall retain, process and disclose all Information in accordance with the requirements of the Data Protection Act 1998 (as modified, amended or updated from time to time).
d) All requests received by the Member under section 158 Consumer Credit Act 1974 or Section 7 Data Protection Act 1998 shall be promptly referred to ICSM.
e) The obligations set out in this Condition 5 shall continue following termination of the Contract.
6. WARRANTY AND LIABILITY
a) ICSM shall perform the Services with reasonable skill and care.
b) In the event that the Member is not satisfied with the Services provided by ICSM, ICSM may, in its absolute discretion, either repeat the Services at no cost to the Member or return to the Member an amount equal to any Charges paid for the Services with which the Member is not satisfied.
c) The warranty and remedy given above are exclusive and all other warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by the relevant law.
d) To enable ICSM to provide the Services for the Subscription and Charges, ICSM excludes and limits its liability for certain types of loss and damage and places a limit on its liability to the Member. Consequently, ICSM shall not be liable, except as set out in these Conditions, for any loss or damage whatsoever arising under or in connection with these Conditions and any Contract to which they apply, whether such loss or damage arises in contract, tort (including negligence), under statute or otherwise.
e) In respect of the Information, ICSM sources that Information from public records and from its Members. ICSM does not take steps to ensure the accuracy and completeness of such Information. ICSM will therefore not be liable to the Member for any loss or damage suffered by the Member resulting from any errors or omissions in the Information, whether typographical or otherwise.
f) The Member shall be responsible for deciding whether to grant credit to any customer based on the Information obtained from ICSM.
g) In particular, ICSM shall not be liable to the Member or any third party for any indirect, consequential or special loss or damages, including any loss of actual or anticipated profit resulting directly or indirectly from or in connection with the performance by ICSM of Services, whether or not ICSM was aware or should have been aware that such loss or damage may arise.
h) In any event, ICSM’s total aggregate liability to the Member, whether such liability arises in contract, tort (including negligence), from statute or otherwise arising out of or in connection with any Contract, in respect of any claim or series of claims, shall not exceed the Subscription and the Charges actually paid for the Services which caused the damage or loss.
7. TERMINATION
a) The Member may cancel their annual subscription upon provision of two calendar months written notice of cancellation prior to renewal date. The Member may cancel an Order at any time on giving ICSM written notice but shall not be entitled to a refund of the Charges payable in respect of the cancelled Order and will be liable for any outstanding invoices once ICSM has accepted that Order.
b) Termination of the Contract shall not affect any rights or liabilities of the parties at termination.
c) Any provision of these Conditions that expressly or by implication is intended to survive termination shall continue in force.
d) ICSM shall have the additional right to terminate the Contract with immediate effect by giving the Member written notice if the Member:
1) fails to pay any invoice in full by the due date; or
2) has a bankruptcy order made against him or in the case of a company, goes into receivership or voluntary liquidation or becomes insolvent or becomes the subject of an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
3) ceases or threatens to cease carrying on business; or
4) continues in business and any such or similar events are in the opinion of ICSM about to occur.
8. GENERAL PROVISIONS.
a) Each part of these Conditions shall be construed as separate and severable and if one or more part is judged by any competent court to be invalid or unenforceable, the remainder shall continue in full force and effect.
b) ICSM shall not be liable for any failure to perform any of its obligations under the Contract if such failure arises from circumstances beyond its reasonable control or if such failure results from any act or omission of the Member.
c) ICSM may assign, transfer or subcontract any of its rights or liabilities under the Contract in whole or in part, without the consent of the Member.
d) The Contract sets out the entire agreement between ICSM and the Member in relation to the matters to which it relates and the Member acknowledges that it has not relied upon any other oral or written representation made by ICSM or any of its employees, representatives or agents.
e) Neither the Conditions nor any Contract to which they apply are intended to create any right enforceable by any person who is not a party to them except that a permitted successor to or assignee of the rights of a party is deemed to be a party to the Contract.
9. CARD PAYMENTS FOR ON LINE SERVICES.
a) ICSM gives no warranty that access to the Website in connection with this Agreement shall be uninterrupted or errorâ€free. The Company shall not be liable for the consequences of any interruptions or errors in respect of the Website, the Databases and/or the Services or otherwise.
b) ICSM warrants, and you accept, that it is, or is duly licensed by, the owner of the Databases, the Services and the Products available to you via the Website from time to time.
c) ICSM makes no warranty as to the accuracy of information provided through the Website, Databases, Services and Products at any time.
10. VARIATION TO THE TERMS Of SERVICES.
These Terms of Services will apply to Services and Products purchased while they remain effective. The Company reserves the right to vary these Terms of Services at its absolute discretion by giving notice to that effect on the Website.
11. COMPANY DATA
Companies registered in the United Kingdom, including England, Scotland, Wales and Northern Ireland
ICSM is a distributor and not a publisher of third party aggregated content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available to the user via the website are those of the respective author(s), suppliers and distributors and not of ICSM.
Whilst ICSM will use its reasonable endeavours to ensure that such information and/or data is accurate and complete, ICSM does not guarantee the accuracy, completeness, or usefulness of any content, its fitness for any particular purpose, nor the validity of any advice or opinion contained therein.
ICSM will accept no liability for any error therein or omission there from and shall not be liable for any loss of business profits or contracts nor any direct or indirect damage or consequential loss whatsoever as a result of the Client's use of or reliance upon the ICSM’s Services including any loss suffered by the Client as a result of any claim by the subject of the Services.
ICSM will accept no liability for any error therein or omission and shall not be liable for any loss of business profits or contracts nor any direct or indirect damage or consequential loss whatsoever as a result of the data provided to our clients resulting in a loss of business to any 3rd party.
The Client or Visitor agrees to indemnify, defend and hold ICSM, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by ICSM or its parents, subsidiaries, affiliates, officers or employees in connection with the Customer’s use of the Service in breach of this Agreement.
12. CANCELLATION AND REFUND POLICY
Cancellations
Each purchase of a permanent download or view shall be deemed a final, non-exchangeable, non-refundable sale. Once a product has been purchased it is immediately available for viewing or sent to the email address provided and stored in the user's online account area available for download. You may not cancel an order by you for any permanent download of a product once it has been sent and made available for download.
Incorrect products purchased in error
ICSM cannot be held responsible if you have purchased the wrong product. We understand that accidents do happen however, and will be able to help you find the correct product and in some cases issue a replacement. Any replacement items will be logged on the user’s account.
International Reports
You may change or cancel an International Company investigation within 6 hours, if it is not immediately available for purchase. If an investigation has already begun we may not be able to change or cancel. Contact us for more information.
REFUNDS
Digital Product sales are final. Once a product is purchased, it is generated, emailed to the registered email address and made available for download. After the product has left our systems, it belongs to the user. We cannot track whether or not a product has been received, opened or read by the recipient and therefore no refunds can be issued for products purchased from ICSM.
Product not as described
ICSM provides samples of credit reports and document images, as well as detailed content lists in our help pages. These examples give our customers an opportunity to review our products before purchasing. If you are unsure about the content of a product you should contact us.
In the event that you have received an item which has not been described accurately in the ways described above, please notify us within 72 hours at admin@icsmcredit.com or call us on 0844 854 1850.
Incorrect or Incomplete Product
We strive to ensure that all data and products available from ICSM are accurate. Please note, all data is provided by third parties, including official registries and some unofficial sources. In the unlikely event that any product contains inaccuracies or if an item is incomplete, we will correct and re-issue the product. If for any reason we are unable to re-issue the required product, or there are continuing issues we may issue a refund.
If you have received an incomplete or inaccurate product please notify us within 72 hours at sales@icsmcredit.com or call us on 0844 854 1850.
Product not Received
ICSM keeps detailed logs of all items sent from our systems once a payment has been made. If you do not receive your product because your email address was entered incorrectly, please contact us and we will re-send the products to the correct address. ICSM will not be liable for any claims of non-receipt of a product that was the result of an incorrect email address provided by you to ICSM. We cannot therefore refund an order under these conditions. The customer is responsible for providing a correct and functional email address.
Why does the ‘cooling off’ period not apply to digital products?
The mentioned regulations do not apply to immediately downloadable digital products. This is because a customer might re-send the goods to the supplier in order to get a refund, and yet still have received the full benefit from the purchase already.
Companies registered outside of the United Kingdom, including Europe and Worldwide.
Reports ordered via our offline service usually take between 24 hours and 10 working days to produce.
Company Credit Reports providing details of companies based outside the United Kingdom are provided on a subject to availability basis, and the countries from which reports are available may vary throughout the course of the term of this Agreement.
As business information experts we strive to provide the highest standards of quality, therefore we would like to inform you that the level of information within our international reports is dependent of the filing requirements of the country being searched. As the content of the reports is beyond our control we are unable to guarantee that it will be comparable to our domestic credit reports. Please take this into account before selecting your search criteria as we are unable to offer a refund on international reports that are ordered.
Where possible we will endeavour to provide a sample report typical of what is available in any given country. This is intended to advise you what is available, but does not guarantee that a particular company will have this information available to compile a report. Please also note that in some countries there is no requirement to file financial and company owner information. If you have any questions please Contact us for further information.
Service availability
Our aim is for our servers to be available for the recording and processing of orders 24 hours a day, 7 days a week, and 365 days a year. From time to time the ICSM server may be unavailable or unable to record and process orders for reasons within our control (scheduled maintenance etc.), or for reasons beyond our control (unscheduled maintenance, hardware failure, malicious attack etc.).
During periods of scheduled unavailability, and if possible to do so, the server will display an appropriate message to users if an attempt is made to use the website.
ICSM will do everything within its power to avoid systems “downtime” caused by circumstances outside of our control but we do not guarantee such unavailability will not occur. No refund or compensation is available for any reason should the service be unavailable for any time.
Backups
Full backup of all data is carried out every 24 hour period from the ICSM servers.
Technical Support
Clients may request technical support at any time by telephone or email. We aim to acknowledge such support requests within 1 hour during a normal working day.
13. THE LAW
The construction validity and performance of these Conditions and any Contract to which they apply shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.