Terms of Service

Background

These Terms of service, together with any and all other documents referred to herein, set out the terms of use under which you may use KISREC (“Our Web App”). Please read these Terms of Service carefully and ensure that you understand them. You will be required to read and accept these Terms of Service when signing up for an Account and purchasing a Subscription. If you do not agree to comply with and be bound by these Terms and Service, you must stop using Our Web App immediately.

Last updated: 3 Jan 2024

1. Definitions and Interpretation

1.1

In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

Means an account required to access and use Our Web App, as detailed in Clause 3;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Web App;

“Contract”

means the contract between Us and you for the purchase and sale of a Subscription to Our Web App, as explained in Clause 5;

“Order”

means your order for a Subscription;

“Subscription Confirmation”

means Our acceptance and confirmation of your Order;

“Subscription”

means a subscription to access Our Web App, purchased in accordance with these Terms of Service;

“User”

means a user of Our Web App;

“User Content”

means all data created and/or uploaded by Users in or to Our Web App; and

“We/Us/Our”

means KISREC LTD, a limited company registered in England & Wales under company number 13117892, whose registered address is 19 Landseer Way, Bramley, Leeds. LS13 2TU

2. Information About Us

2.1

Our Web App is owned and operated by KISREC LTD a limited company registered in England & Wales under company number 13117892. Registered address: 19 Landseer Way, Bramley, Leeds LS13 2TU

3. Account

3.1

Access to Our Web App requires a Subscription. Upon purchasing a Subscription, Our Web App will be available to you for the duration of that Subscription and any and all subsequent renewals.

4. Changes to Our Web App

4.1

We may from time to time make changes to Our Web App:

4.1.1

Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Web App;

4.1.2

Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Web App; and

4.2

We will always aim to ensure that Our Web App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Web App.

5. Subscription

5.1

Your subscription will commence from the date that your User Licence(s) is activated, and billing will commence from the 1st day of following month.

5.2

When signing up for a subscription, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

5.3

You may request further users to have access to your subscription. New User Licence(s) will be billed pro rata from the date that user is subscribed to your next billing date, then monthly or annually in line with your subscription thereafter.

5.4

Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 21.

5.6

No part of Our Web App, website or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).

5.7

If We do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances. If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible and in any event within 7 days.

5.8

Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription

5.9

Each User Licence comes with a number of free SMS and CV Parse credits. Unused credits for both SMS and CV Parse do not rollover to the next billing period. Any additional credits used beyond your Subscription allowance will be charged at a rate of £0.041 per SMS credit and £0.15 per CV Parse credit. Additional SMS and CV Parse credits are billed monthly in accordance with your renewal date. If at date of billing the credits used exceeds your allowance, a charge for the overage will be applied.

5.10

DBS & Right To Work checks are a premium feature.

You will be charged the following for each ID Session that resulted in a successful data extraction:-

£2.00 per Right To Work.

£3.00 per DBS.

6. Payment

6.1

All payments are processed through our online payment provider Stripe. You will receive an email with instructions on how to setup your payment method online.

6.2

You will be charged on the 1st day of the subscription renewal period, and for any overgage that may have occured for the previous period.

6.3

If you pay by fraudulent means, We reserve the right to immediately and permanently terminate your access to Our Web App, with no liability to you, no obligation to return your data, and possibly seek criminal penalties.

6.4

For any unpaid subscription renewal, access will be disabled after 14 days of non-payment. Access will be reinstated once payment is received in full. All unpaid invoices are subject to interest rate of 8% per annum above the base rate of the Bank of England on any outstanding balance, or the maximum permitted by law, whichever is less, until paid in full plus all expenses of collection.

7. Refunds

7.1

All Fees are non-refundable

8. Cancellation

8.1

If you wish to cancel your subscription, reduce the number of User Licence(s) or amend the duration of your Subscription, a minimum of 30 days notice must be given prior to your renewal date; otherwise, your subscription will automatically be renewed at your current Subscription level.

8.2

We will automatically and immediately end your subscription without refund if you become bankrupt or your business is not able to pay its debts, stops trading or becomes insolvent or, if we are notified that any finance arrangement you have made with another party in relation to Our Web App has ended for any reason other than the finance being paid in full.

8.3

On Cancellation, We will delete all your data, images and content after 7 days. You should request an export of your data if required.

9. Our Intellectual Property Rights and Licence

9.1

We grant Users a limited, non-exclusive, revocable, non-transferable licence to use Our Web App for personal and business purposes, subject to these Terms of Service.

9.2

All other Content included in Our Web App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

9.3

By accepting these Terms of Service, you hereby undertake:

9.3.1

Not to copy, download or otherwise attempt to acquire any part of Our Web App;

9.3.2

Not to disassemble, decompile or otherwise reverse engineer Our Web App;

9.3.3

Not to allow or facilitate any use of Our Web App that would constitute a breach of these Terms of Service; and

9.3.4

Not to embed or otherwise distribute Our Web App on any website, ftp server or similar.

10. Links to Our Web App

10.1

You may not link to any page other than the homepage of Our Web App. (http://kisrec.com)

11. Links to Other Content

11.1

We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

12. User Content

12.1

You are operating as a “data controller” as defined in the General Data Protection Regulation (GDPR) in your use of Our Web App, the terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR. We shall process all personal data on your behalf in accordance with the Data Processing Agreement and which you shall be deemed to have agreed to by using Our Web App.

12.2

You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to Our Web App so that We may lawfully process and transfer the personal data in accordance with these Terms

12.3

You shall ensure that relevant data subjects have been informed of such use, processing, and transfer as required by all applicable data protection laws and you have sole responsibility for the accuracy, quality and legality of personal data processed by Our Web App. You shall further ensure that you have established a lawful basis for processing all personal data which is transferred to Our Web App.

12.4

If you wish to receive a full CSV (comma-separated value) export of your candidate and contact data, there is a charge of £350 for each request.

13. Intellectual Property Rights and User Content

13.1

All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

14. Acceptable Usage Policy

14.1

You may only use Our Web App in a manner that is lawful and that complies with the provisions of this Clause 14. Specifically:

14.1.1

You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

14.1.2

You must not use Our Web App in any way, or for any purpose, that is unlawful or fraudulent;

14.1.3

You must not use Our Web App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind.

14.1.4

You must not use Our Web App in any way, or for any purpose, that is intended to harm any person or persons in any way.

14.1.5

Anti-Spam - Our Web App incorporates email marketing functionality (Batch Email). In using this feature, you warrant that you are aware of and will adhere to all applicable laws governing spam email including but not limited to the Data Protection Legislation. You may not use our Web App for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such lists. You agree not to transmit, or permit your employees to transmit, through the Web App any unlawful, harassing, libellous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind. We may disable the email marketing functionality (Batch Email) in our Web App on your account if you materially breach the provisions of this Clause.

14.2

We reserve the right to suspend or terminate your Account and/or your access to Our Web App if you materially breach the provisions of this Clause 14 or any of the other provisions of these terms of service.

15. Advertising

15.1

We do not feature advertising within Our Web App

16. Problems with Our Web App and Consumers’ Legal Rights

16.1

If you have any questions or complaints regarding Our Web App, please email Us at info@kisrec.com or via the online chat feature at kisrec.com

17. Disclaimers

17.1

Our Web App is provided "as is" without warranty of any kind, and we disclaims all warranties, either express or implied. Any material downloaded or otherwise obtained through use of Our Web App is at your own risk and you will be solely responsible for any damage to your computer system or network, or any loss of data that results from your use of Our Web App.

17.2

WE DO NOT REPRESENT OR WARRANT THAT OUR WEB APP WILL BE UNINTERRUPTED OR ERROR-FREE.

18. Liability

18.1

Neither party shall be liable to the other in any event for loss or inaccuracy of data, loss of profits or revenue, or indirect, special, incidental, or consequential damages (including, without limitation, the cost of any substitute procurement), whether or not foreseeable and even if the party has been advised of the possibility of such damages.

18.2

To the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Web App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Web App.

18.3

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Web App or any Content (including User Content) included in Our Web App.

18.4

We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

18.5

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Web App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

18.6

We exercise all reasonable skill and care to ensure that Our Web App is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Web App (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.

18.7

Nothing in these Terms of service excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

19. Viruses, Malware and Security

19.1

We exercise all reasonable skill and care to ensure that Our Web App is secure and free from viruses and other malware. We do not, however, guarantee that Our Web App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 18.6.

19.2

You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

19.3

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Web App.

19.4

You must not attempt to gain unauthorised access to any part of Our Web App, the server on which Our Web App is stored, or any other server, computer, or database connected to Our Web App.

19.5

You must not attach Our Web App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

19.6

By breaching the provisions of sub-Clauses 19.3 to 19.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Web App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

20. Privacy and Cookies

20.1

The Use of Our Web App is also governed by Our Privacy and Cookie Policy, available from Privacy & Cookie Policy. This policy is incorporated into these Terms of services by this reference.

21. Data Protection

21.1

We will only use your personal information as set out in Our Privacy & Cookie Policy

22. Communications from Us

22.1

If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Service, changes to Our Web App, and changes to your Account.

23. Other Important Terms

23.1

We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Service will not be affected and Our obligations under these Terms of Service will be transferred to the third party who will remain bound by them.

23.2

You may not transfer (assign) your obligations and rights under these Terms of Service (and under the Contract, as applicable) without Our express written permission.

23.3

The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.

23.4

If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.

24. Changes to these Terms of Service

24.1

We may alter these Terms of Service at any time. Any such changes will become binding on you upon your first use of Our Web App after the changes have been implemented. You are therefore advised to check this page from time to time.

24.2

In the event of any conflict between the current version of these Terms of Service and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

25. Contacting Us

25.1

To contact Us, please email Us at info@kisrec.com or by using our online chat feature at kisrec.com

26. Law and Jurisdiction

26.1

These Terms of Service, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

26.2

Any disputes concerning these Terms of Service, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.