Terms & Conditions

These are our terms and conditions, where we've tried to make it as easy to understand as possible. We've summarised the key points, but if you really want to read all the legal terminology then you can do so by clicking on the appropriate links.

Thanks for choosing our product. By doing so you're agreeing to these terms and conditions, which we need to share with you as it effectively is an agreement between you and us. Our official name is Ormsby Street and we're registered as a company (No. 08853346) at 6th Floor, 9 Appold Street, London, EC2A 2AP. If you have any questions about any of this then you can drop us an email at support@credithq.co.uk

The agreement

These terms and conditions are important so you should read them and understand what's in them because they say what we're going to do as part of our services, and also what you are going to do when you use them. We've also got a Privacy Policy which goes alongside it which covers what we do and don't do with your personal data. We need to point out that for our product to work we use the services of other companies and they have their own terms and conditions. We've included some information on these towards the bottom of this page. We've written it in as plain English as we can but if you need to check what a phrase means then we've included some definitions towards the bottom of the page.

Signing up for the service

As we've mentioned, if you're signing up to use our services then you've agreed to these terms. Once you've said you want to use the service we'll let you know once we're ready for you to use it, and from that point this agreement is in place and will continue until either you or us cancel the service as described in these terms. Of course, if you change your mind you have 10 business days from when the service started to cancel which you should do by contacting support@credithq.co.uk. We'll then either give you a refund or offer you a credit note.

User Subscriptions

Once you've signed up to use the services as per this agreement then we give you the right to access the services. We offer this service to other people so you won't have exclusive use of it, and you can't give your usage rights to anyone else.Over time we may well change the service for a variety of reasons, either by amending bits, taking bits out, or adding new bits, but for anything major we'll give you a full 30 days notice of the change. If our partners change any of their services that we use that'll be covered by their terms and conditions as we can't be held responsible for what they do.When you sign up you are permitted to have a specific number of user subscriptions and at no point should you go over this number unless you purchase more subscriptions. If you do have more users than you're entitled to, we have the right to remove your access to the service.

It's your responsibility to remember any passwords you need to access the service, so make them so only you know them, so they can't be guessed easily and change it regularly. If you know of someone gaining unauthorised access to the service just let us know at support@credithq.co.uk

You should try not to transmit any computer viruses and the like which might be discriminatory, unlawful, harmful, threatening, obscene, or offensive, or which facilitate or promote such things. If you do then we'll more than likely remove your access to the service.

You agree to not copy, distribute or resell any part of our service, or try and reverse engineer it. You also won't access the service to then try and provide a competitive service to ours, or use it to service other people.

You won't be allowed to help other people access the service other than by advising them to sign up properly, and you are agreeing to use your reasonable endeavour in preventing unauthorised access to the service, but if you identify this happening then you'll let us know as soon as you can.

All of these rights we're giving to you and your authorised users, and not anyone else.


Availability of the services

We'll do all we can to make the service available 24 hours a day, 7 days a week, except for a) when we plan maintenance, which we'll try and do when the least amount of people are using the service, and b) when we need to do some maintenance which we hadn't planned but which is essential for the continued operation of the service.

We'll also do all we can to give you as much notice of any maintenance periods however, there may be times when we need to restrict use of the service, such as when:

  • There has been an attempt to breach this agreement
  • There is a virus in the system or data
  • We think there might be a threat against the service
  • We think you might have done something wrong

We'll only do this if we believe what we're doing is right and we've told you that we're going to do it or have done it.

The service involves lots of statistical analysis, probability and predictive behaviour which gives business data but it isn't intended to be the only thing you use to make business decisions. We're not in a position to accept liability for any inaccuracy or incompleteness of the data or if you can't get the specific result you want from it.


Customer Data

You keep your rights to your data, but you also get the responsibility for keeping it accurate and legal. You also need to ensure that you're allowed to give us the data in the first place. We'll have the opportunity to use your data as part of the service but we'll do it in compliance with our Privacy Policy. This might involve moving it outside of the country where either of us are located in order to carry out the service. We'll both comply with the Data Protection Act 1998, with you categorised as the Data Controller and us as the Data Processor. For our part we'll notify the UK Information Commissioner's Office of any data processing we do.

We won't share your information with anyone unless we get your express permission. The only exception to this is when we share it with our partners who help deliver our service and we share it as part of the delivery of the service. We'll take all reasonable steps to prevent anything bad happening to the data, such as unlawful processing of it or losing it. There is more information on our handling of data in our Privacy Policy

Third Party Providers and Additional Terms

Our services use third parties in order to operate, and so any transactions you may have between yourself and the third party are between the two of you, and don't involve us. This means we also aren't liable for any direct or indirect losses incurred because of the third party, except where we've indicated in our liabilities clause. We've included information on our partner's terms & conditions below so that you can agree to them as well.

If there is any confusion between these terms and the third party terms then these terms take precedence.

Our obligations and warranties

We promise to do our job carefully, but occasionally there might be errors or breaks in the service, for which we are sorry but which we can't avoid (or else we would have done). We'd hope that our third party providers also do their job carefully, but we can't promise this as we can't control everything so they'll have to cover any warranty on their bits.

We'd also hope that the internet continues to operate nice and quickly, but as we don't control that then we can't be held responsible for it going slow, or preventing you from using the service.If we need licences to provide the service then we'll make sure they're in place.Having said all that, if you don't do all the things you're supposed to do under this agreement then we have the right to not provide the service. It's a two way thing.

Your obligations

It's not all about us, so you need to agree to:

  • Only using the service for your business activities
  • Pay the subscription fees
  • Provide us with any information we need in order to deliver the service
  • Don't break the law
  • Make sure you only allow authorised people to use the service on your behalf
  • Tell us if something changes so we can do our job properly.
  • Accept any third party's terms where it relates to our service
  • Sort out your own connections with the internet.

Fair Usage

Our service is intended for use by smaller businesses, so we maintain a fair use policy to ensure that you do not monitor more than 200 companies, or search for more than 50 companies per day, which seems reasonable for a small business.

Who owns what

We own the rights to delivering the service

We also own the intellectual property rights to the service, except where the third party owns their bits. You only get to use it, not own it.
You promise to not remove or modify any trademarks or copyrights, and you also won't do anything that is likely to affect our ownership of them.

Confidentiality

As part of the service we'll both have access to confidential information. If it's in the public domain, or is already known by you or us, then it's not classed as confidential. But if it is confidential then neither party is allowed to share this with any other party, and should take the necessary steps in order to keep it confidential. This confidentiality will continue even after the termination of this agreement.

The legal definition of confidential includes things such as it becoming publicly known through other means, it already being in the other party's possession, or it being independently developed.

Indemnity

If someone raises a claim against you relating to the services infringing UK patents, then we will defend you providing you give us prompt notice, you give us the sole authority to address the claim, and you cooperate with us to help defend the case.

We'll use every reasonable means to allow you to continue using the service, or if this isn't possible then we'll terminate this agreement within 5 business days and refund any monies owing under this agreement. However, this won't be true if the infringement relates to a third party provision, if the service has been modified by someone other than us, or if you haven't followed this agreement.

Limitation of Liability

This part of the agreement covers our financial liabilities in relation to a breach of the agreement, use of the service by you, and any statements, negligence or illegal activities arising under this agreement. It doesn't cover any of these instances caused by third parties in relation to their services.

Except where we're said it elsewhere you will take responsibility for the results obtained from the service and any conclusions that you draw from it.

There is nothing in this agreement that excludes us from liability for death or personal injury caused by our negligence, for any fraudulent activity, or any other liability that cannot be limited by law.

Neither you nor us will be liable to the other for any indirect or consequential losses, costs or damages, however they are incurred under this agreement.

Termination

We know nothing lasts, so either party can terminate this agreement when it meets any of the following criteria:

  • They give 30 days written notice to the other party
  • The other party breaks this agreement and doesn't fix it within 7 days
  • A party is subject to a winding up petition
  • An administrator is appointed to manage the affairs of the party
  • A receiver is appointed
  • A competent jurisdiction application is submitted to the courts for the protection of its creditors
  • The other party creases trading
  • The other party suffers action in relation to debt
  • When the agreement is terminated then all licences that have been granted will also terminate and each party will return any items belonging to the other party. Any confidential information in either parties possession should be destroyed or returned within 10 days of the termination.

Payment and charges

Payment will be due by Direct Debit monthly in advance of using the services, which includes any potential charges that may be collected for services offered by third parties. if you don't pay for the service then we reserve the right not to provide the service. It only seems fair.

Occasionally we may adjust the charges for the service, but we'll give you 30 days' notice before we do this so that it isn't a surprise.

Unavoidable occurrences (or Force Majeure to give it its legal term)

We can't be held responsible if we can't do our job because of something that is completely out of our control such as sheep eating through the internet wires or it raining so much all the computers get flooded. If this happens we'll let you know and we'll do all we reasonably can to get the service back to normal.

Waivers and agreements to ignore things

If we agree to ignore any elements of this agreement then it is only valid if it's written down and when written down is specific about the extent of the waiver. Also, if either party receives rights as part of this agreement then this doesn't exclude any legal rights they might have.

What if this agreement isn't valid?

If it turns out that something in this agreement can't really be enforced, we're sorry, but just because one bit isn't right doesn't mean that the rest of it is invalid so the rest of that clause and the agreement remain enforceable.

We're nearly at the end

This agreement is the agreement, the whole agreement, and the current agreement. There's nothing else, except the bits where we've said there's something else.

Can I make someone else responsible for my parts of this agreement?

No. You signed up so you agreed to it. If you want someone else to take it on then you'll need us to agreed to it in writing. However, we can pass it on to someone else, if for example we sub-contract something or transfer the service to someone else.

No partnerships or agencies

There's nothing we've said here that shows we intend start a partnership between ourselves, and we won't pretend to be acting on the other party's behalf.

Third party rights

Unless otherwise stated no-one is agreeing to pass any rights onto anyone else.

Notices

Any notices that need to be given as part of this agreement will need to be in writing (either on actual paper or email).

Any paper based activity will be sent to the address for each party referenced in this agreement and will be deemed received at at the point reaching the address during business hours, or 9am the next day if reaching the address outside of business hours.

Emails must have a read receipt sent and accepted, and they will be sent to support@credithq.co.uk for us, and your registered email address for you.

Governing Law and Jurisdiction

All of this is written and undertaken in accordance with the law of (i) England, if the Customer is based in England or Wales; or (ii) Scotland, if the Customer lives in Scotland; or (iii) Northern Ireland, if the Customer lives in Northern Ireland.

What do all the phrases mean?

Authorised Users - That's you, others that work in your business, and people who work on behalf of your business who you have said can use the services
Business Day - We're in England so this means a day in which the banks are open which isn't a Saturday, Sunday or Public Holiday
Confidential information - This is information that isn't publicly available or which either you or us say is confidential, so includes things like your personal details, our website tests etc.
CreditHQ - This is the name of the product covered by these terms and conditions.
CreditHQ Support - This is our support team and you can get in touch with them at support@credithq.co.uk
Customer Data - This is the data supplied by you or your authorised users to us in the course of using the service
Customer - This is you, the person who has signed up for the service
Effective date - This is the date we tell you that the service is available for you to use
Intellectual Property Rights - This means any of the standard legal definitions such as patents, trademarks, inventions, etc.
Order - means you signing up to use the service
Order form - means the form you used to sign up to use the service and which linked to this agreement
Services - means the service we supply under the terms of this agreement
Subscription charges - means the money you pay to use the service
Subscription term - the length of time the agreement lasts as defined in the clause above
Supplier - this is us, Ormsby Street.
Territory - UK
Third party product provider - means the relevant provider of specific aspects of our service. This might be data provision, debt collection, or such like.
User subscriptions - the subscriptions that you signed up and which entitle you to use the service.
Virus - any thing that might prevent, impair or adversely affect the operation of the systems used to deliver the service.

How the terms are interpreted, just for clarity's sake

We've put paragraph headings in these terms so it's more legible, but they don't affect what the actual terms mean.

  • A person can be seen as an individual or a business, and also as someone operating on their behalf.
  • A company is any kind of company and it doesn't matter how they have been established.
  • If we say things in a singular way we also mean plurals and if we say it in a plural way we mean singluar as well. It gets too complicated if we try and cover every option in one sentence.
  • If we say things like includes or including then whatever we state as being included is not the limit of what would be included. We're just using it to illustrate the point.
  • We believe in equality so if we reference one gender and not another it's just for ease of understanding and we really mean both genders.
  • If we reference any legal provision then we mean that legal provision plus any amendments that may happen to it or any replacements of it.

Experian End User Agreement

As we've said, our services use third parties in order to operate, and we've included their terms & conditions here.