Last revised 06 April 2018
Welcome to the Amiqus ID terms and conditions. Please note that by using this Website or our Service you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions and hereunder, do not use or access this Website or our Service.
1.1 We are Amiqus ID and we offer an online identity check and document verification service (the “Service"). “Amiqus ID” is a trading name of Amiqus Resolution Ltd, a limited company registered in Scotland (SC511150) with the registered office at City Point, 3rd Floor, 65 Haymarket Terrace, Edinburgh, EH12 5HD.
1.2 By using this Website, and placing an order to purchase Services you agree to be bound by the terms and conditions set out below. You must read and accept all of the terms and conditions contained herein before you may use or access the Website or Service in any way.
1.3 This Agreement constitutes the entire terms and conditions upon which Amiqus ID provides the Service and upon which you (the “Client”) agree to contract for the use of the Service. This Agreement supersedes any written or oral representations, statements, understandings or agreements.
In this Agreement:-
“Agreement” means this agreement together with the Client's order as confirmed in Order Confirmation;
“Amiqus data security arrangements” means the data security policy and agreed measures set out within the Amiqus Information Security Policy;
“Check” means the identification or verification checks to be carried out to constitute the Service";
“Credit” means a credit allowing for one Check to be carried out by Amiqus ID under the Service.
“Customer Data” means any Customer information necessary for us to provide the Service to the Client, including, but not limited to a legible copy of the Customer's passport or driver's license;
“Data Protection Legislation” means all laws that relate to data protection, privacy, the use of information relating to individuals, and or the information rights of individuals including, without limitation, the DPA, the Privacy and Electronic Communication (EC Directive) Regulations 2003, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, Privacy and Electronic Communications (EC Directive) Regulations 2003, the Consumer Protection from Unfair Trading Regulations 2008, any Laws in force from time to time in any relevant jurisdiction which implements the Data Protection Directive 1995/46/EC on the protection of individuals with regards to the processing of personal data and on the free movement of such data, General Data Protection Regulation ((EU) 2016/679)) (from the date it comes into force) (“GDPR”), and all and any regulations made under those acts or regulations all applicable formal or informal guidance, rules, requirements, directions, guidelines, recommendations, advice, codes of practice, policies, measures or publications of the Information Commissioner’s Office, other relevant regulator, and or relevant industry body, in each case in any relevant jurisdiction(s) from time to time and the equivalent in any other relevant jurisdictions all as amended or replaced from time to time;
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon;
“Order Confirmation” means the email acceptance sent by Amiqus ID to the Client following receipt of the Client's Order;
“Registration Confirmation” means the email acceptance sent by Amiqus ID following receipt of the Client's registration;
“The Client” means you, the company, firm, corporation or public authority who wishes to purchase the Service;
“The Customer(s)” means the Client's customer, who contracts directly with the Client;
“The Service” means the services offered by Amiqus ID which include, identity checks, document verification and bank account verification; and
“The Website” means the Amiqus ID website at www.amiqus.co/id - or any other site operated by Amiqus ID).
2. Placing an Order and its Acceptance
2.1 Before you are able to place an order with us, you will be required to register with Amiqus ID. On acceptance of your registration, you will receive a Registration Confirmation. We reserve the right to refuse any registration application entirely at our own discretion.
2.2 You should follow the onscreen prompts on the Website to place an order for Credits. You may only submit an order using the method set out on the Website. Each order is an offer by you to buy the Services subject to the terms of this Agreement. The minimum number of Credits that must be purchased in a single order is 20 Credits. The charges for the Services shall be in accordance with clause 7 of the Agreement.
2.3 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.4 After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. We reserve the right to accept or reject any order at our discretion.
2.5 We will provide an Order Confirmation to confirm your order and the purchase of any Credits. At this point the contract between you and us will come into existence. The contract will only relate to those Services confirmed in the Order Confirmation.
2.6 An order may be placed by telephone by calling 0131 513 9757. In the event the Client has no access to internet services, Amiqus ID will take the order over the telephone. Please note with regard to any telephone calls between us, we record all telephone conversations to assist with training and to ensure the best service is being provided. Where an order is placed orally or in the event of any dispute as to the order, the Order Confirmation shall be deemed as the authoritative order.
2.7 If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
2.8 All Credits purchased in a single order will expire on 12 months from the date of payment of the Service Charges (as defined in clause 7) in relation to that order. No refund or replacement will be provided in relation to expired Credits.
3. Service provision
3.1 Amiqus ID shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except when any planned maintenance is required. The Client shall be given notice by email of any such planned maintenance.
3.2 Amiqus ID may at any time amend or improve the Service for any reason including, but not limited to, technical, legal or business reasons.
3.3 We undertake to you that the Services will be provided using reasonable care and skill.
3.4 We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation or on our Website, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate this Agreement.
3.5 If any Check returns a technical fail (a fail caused by Amiqus ID error, rather than your or Client error) you will be given a Credit free of charge. If any Check fails due to your error, or Client error, no refund or new Credit will be given.
4. Intellectual Property Rights
4.1 All Intellectual Property rights in or arising out of or in connection with the Services or the Website will be owned by Amiqus ID.
4.2 Nothing in these terms and conditions transfers to you any rights of ownership of any Intellectual Property rights in the Service or the Website, or constitutes a license to use such Intellectual Property rights other than to the extent expressly set out in this Agreement. Without our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part.
4.3 Notwithstanding clause 4.2, a Clients’ individual Check results, activity logs or other compliance outcomes may be downloaded, printed or copied for your own record-keeping purposes.
5. Client Obligations
5.1 It is your responsibility to ensure that:
5.1.1 the terms of your order are complete and accurate;
5.1.2 you cooperate with us in all matters relating to the Services;
5.1.3 you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5.1.4 you, your employees, agents, consultants and subcontractors keep all security details (identification details and password(s)) for the Services or Website secure and confidential at all times;
5.1.5 you inform us immediately if you become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party;
5.1.6 in using the Service, you comply with all relevant rules and regulations or any legislation applicable to your business area, for example, all solicitors must act in accordance with the rules set out by the Law Society of Scotland or England (where applicable); and
5.1.7 your network and systems comply with any relevant specifications provided by Amiqus ID from time to time and that you can maintain a network and internet connection to use the Service;
5.1.8 you shall not use the results of the Checks for any unlawful purpose or in any unlawful manner; and
5.1.9 you will comply with the data security arrangements and obligations as contained within the amiqus Information security policy.
5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any of your obligations listed in Clause 5.1 (Your Default):
5.2.1 we will be entitled to suspend performance of the Service until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under Clause 8 (Termination);
5.2.2 we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Service; and
5.2.3 it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
5.3 By purchasing Service, you hereby warrant that all information and Customer Data submitted by you is provided in good faith and is accurate to the best of your knowledge. Amiqus ID reserves the right to verify the eligibility of all Clients.
5.4 You are responsible for the quality of the Customer Data submitted, including the accuracy and ensuring the content is not misleading in any way. You are responsible for ensuring the Customer Data is submitted correctly. For example, the intelligibility of the passport and driver's licence details to allow Amiqus ID to fulfil the Service. Amiqus ID will be the sole arbiter of this issue.
5.5 You warrant and represent to Amiqus ID that any element of text, graphics, photos, designs, trademarks or other material supplied to Amiqus ID for inclusion in the application used to provide the Service are owned by you, or that you have permission from the rightful owner to use each of these elements.
6.1 Should the Client require a change in the nature, scope or timing of the Service or in any other aspect of this Agreement, such change shall be requested in writing. Amiqus ID shall advise the Client of the effects including any increase in the Service Charges (as defined in clause 7) which may result and the Agreement shall be modified to reflect such changes including to the Service Charges and/or Service which may be agreed. No change requested by the Client shall be implemented unless agreed in writing between the Client and Amiqus ID.
6.2 We reserve the right to change these terms of this Agreement from time to time. Clients will be notified of any changes and these amended terms will be posted on our Website and will be effective from the Client’s next purchase of Credits. Therefore you should regularly review this page to check for changes to the terms of this Agreement. Your continued use of the Service will be deemed to constitute your acceptance of all of the new terms. These terms and conditions may not otherwise be changed without our written consent.
7. Service Charges
7.1 In consideration of us providing the Service you must pay our service charges (“Service Charges”) in accordance with this Clause 7.
7.2 The Service Charges are the prices quoted on our Website at the time you submit your order. Prices exclude VAT which shall be added and charged at the prevailing rate. We accept payment in UK pounds sterling only.
7.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Service Charges accordingly.
7.4 Payment for the Service is in advance, on placement of your order. No Service will commence until payment has been received.
7.5 With regards to Credit Card Payments, you will be charged a fee of 2% for the transaction.
7.6 Our Service Charges may change from time to time, but changes will not affect any order you have already placed
7.7 Payments shall be made by electronic payment via a third party payment service or by online bank transfer.
7.8 All charges for Services are non-refundable in the event of early cancellation by the Client.
7.9 You shall not be entitled by reason of any set-off, counterclaim, abatement, or other deduction to withhold payment of any amount due to Amiqus ID.
8.1 Amiqus ID shall be entitled to suspend the Service, or terminate this Agreement with immediate effect by giving written notice if the Client:
8.1.1 fails to comply with any of its obligations under clause 5;
8.1.2 commits any material breach of any of the terms of this Agreement and the breach is irremediable or remains unremedied after thirty days of the Client being notified by Amiqus ID of the breach;
8.1.3 fails to pay any amount due under this Agreement;
8.1.4 is rude or offensive to Amiqus ID staff or otherwise abuses the Service in any way (to be determined at Amiqus ID's discretion); or
8.1.5 becomes insolvent or is put into liquidation or administration or otherwise ceases to carry on business.
8.2 On termination of this Agreement in accordance with this clause 8, any Credits already purchased by the Client will not be refunded and will be forfeited.
8.3 Either party may terminate this Agreement without cause on giving the other party 30 days’ written notice.
9. Disclaimer and Limitation of Liability
9.1 Nothing in this Agreement seeks to exclude Amiqus ID’s liability for death, personal injury, fraud or fraudulent misrepresentation.
9.2 Subject to Clause 9.1, we will not be liable to you, whether in contract, delict (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
9.2.1 loss of profits
9.2.2 loss of sales or business;
9.2.3 loss of agreements or contracts;
9.2.4 loss of or damage to goodwill; or
9.2.5 any indirect of consequential loss.
9.3 Subject to Clause 9.1, our total liability to you arising under or in connection with this Agreement, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, will be limited to of the total Charges paid under the Agreement for the order that relates to the breach or loss.
9.4 Except as expressly stated in this Agreement, we do not give any representations, warranties or undertakings in relation to the Service or Website. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from this Agreement.
9.5 Amiqus ID shall have no liability for any damage or loss caused by errors or omissions in any information, instructions or scripts provided to Amiqus ID by the Client in connection with the Services, or any actions taken by Amiqus ID at the Client's direction;
9.6 The Client must make every effort to secure its Amiqus ID security information (usernames and passwords), and should not under any circumstance disclose these details to any third party or record these details in email or other correspondence. Amiqus ID will not be liable for damage or loss arising out of or in connection with the Client’s disclosure of such security information to any third party.
9.7 It is the Client's responsibility to maintain an updated browser, firewall or antivirus and antispyware software. The Client must protect their Computer systems and ensure they update all security software by downloading the latest security patches from relevant software provider.
9.8 Amiqus ID is not responsible for the Client's use of the Check results created by us of the Service or the impact of such information or any outcome as a result of using the Service.
9.9 Amiqus ID is not responsible for the Client’s data storage arrangements or storage of the Customer's Data after the Check is completed. The Client is responsible for storing the Customer’s data in line with all relevant legislation and applicable rules and regulations.
10. Force Majeure
10.1 Amiqus ID shall not be liable to you or be deemed to be in breach of this Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
10.1.1 act of god, explosion, flood, tempest, fire or accident; weather; and
10.1.2 external circumstances preventing suppliers delivering against deadlines or preventing delivery of third party services against agreed commitments including postal delivery services.
11. Data Protection
11.1 Amiqus ID and the Client shall comply with its obligations under the Data Protection Legislation.
11.2 The Client accepts and acknowledges that it is a Data Controller in relation to the Customer Data and shall:
11.2.1 obtain any consents required under the Data Protection Legislation; and
11.2.2 provide to Amiqus ID any information necessary to enable it to perform its obligations under the Data Protection Legislation; and
11.2.3 co-operate with Amiqus ID so it can comply with its obligations under the Data Protection Legislation in respect of any data collected, held or processed as part of this Agreement.
11.3.1 Amiqus ID shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Customer Data and against accidental loss or destruction of, or damage to, Customer Data (including, but not limited to, adequate back-up procedures and disaster recovery systems) to ensure a level of security appropriate to the risk and which, from implementation of GDPR satisfies the requirements of the GDPR as a minimum; and
11.3.2 Amiqus ID shall ensure that each of its employees, agents and subcontractors are made aware of its obligations under this Agreement, are reliable and suitably trained with regard to the security and protection of the Customer Data and have either committed themselves to keeping the Customer Data confidential under their written terms of employment (or otherwise) or are under an appropriate statutory obligation of confidentiality; and
11.3.3 Amiqus ID shall (i) make available to the Client all information necessary and allow its data processing facilities, procedures and documentation to be inspected by the Client or its representatives in order to ascertain compliance with the terms of this Agreement; and (ii) inform the Client if, in its opinion, a request under this Clause 11.3.3 infringes GDPR or other applicable Data Protection Legislation; and
11.3.4 Amiqus ID shall (i) promptly inform the Client if any Customer Data is lost or destroyed or becomes damaged, corrupted or unusable or is processed in a manner not expressly authorised by the Client; and (ii) in the event any of the occurrences referred to in this Clause 11.3.4 arise, Amiqus ID shall promptly provide such assistance to the Client as is reasonably required, and requested by the Client, to allow the Client to manage any such event and meet its obligations under the Data Protection Legislation which could include, but not limited to, taking steps to minimise loss or damage arising from such event e.g. notifying breach to supervisory authority or communicating breach to Data Subject;
11.3.5 Amiqus ID shall not process or transfer the Customer Data outside the European Economic Area except with the express prior written consent of the Client;
11.3.6 Amiqus ID shall notify the Client of any request or complaint that may be received from Data Subjects without responding to that request unless it has been authorised to do so by the Client;
11.3.7 Amiqus ID shall promptly provide such assistance to the Client as is reasonably required to allow the Client to fulfil its obligations under the Data Protection Legislation with regard to all requests and complaints which may be received from Data Subjects in the exercise of their rights under the Data Protection Legislation;
11.3.8 Amiqus ID shall, from implementation of GDPR, provide assistance as is reasonably required to the Client to ensure the Client meets its obligations under the GDPR (where applicable); and
11.3.9 Amiqus ID shall not divulge any Customer Data, whether directly or indirectly to any third party without the express, explicit and informed consent of the Data Subject with regard to all categories of Customer Data to be so transferred.
11.4 The Client acknowledges that Amiqus ID is reliant on the Client for direction as to the extent to which it is entitled to use and process the Customer Data. Consequently, the Amiqus ID will not be liable for any claim arising from any action or omission by Amiqus ID to the extent that such action or omission resulted from the Client’s express instructions.
11.5 Amiqus ID may use a subcontractor or third party search provider to process the Customer Data under this Agreement.
12.1 Amiqus ID shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part provided that it gives prior written notice to the Client. The Client may not assign or transfer any of their rights or obligations without our written consent.
13.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website and of the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of this Agreement shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the exclusive jurisdiction of the Scottish courts.
13.2 Failure or delay by either party in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
13.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.