1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you as displayed on our website. For further information regarding our services, please have reference to our websitehttps://nationalrecords.org/ (and the Terms of Use which apply to its usage, accessible via https://nationalrecords.org/terms-conditions.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Agreement. Upon submitting your order to us, you shall be required to click on the button marked “I agree” so as to indicate that you accept these terms. A refusal to do so will prevent you from receiving any services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Certify It LTD (trading as National Records) a company registered in England and Wales. Our company registration number is 11816214.
2.2 How to contact us. You can contact our customer service team by creating a support ticket https://nationalrecords.org/my-account/support-tickets/ or by email support@nationalrecords.org
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you have selected you agree to our “terms of service” on our website, made a payment and received a notification confirmation email, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of:
3.2.1 you are under the age of 16;
3.2.2 unexpected limits on our resources which we could not reasonably plan for;
3.2.3 because a credit reference we have obtained for you does not meet our minimum requirements;
3.2.4 because you do not meet the eligibility requirements (e.g. because you are under the age of 16) or for the services (e.g. because the information that you provide in the Application Form is entirely accurate and correct);
3.2.5 because we reasonably deem that you are committing a criminal or fraudulent act, causing nuisance, annoyance or an inconvenience to any third party;
3.2.6 because we have identified an error in the price or description of the services; or
3.2.7 because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Acting on behalf of a third party. If you are making an application to receive anything from us for and on behalf of a third party, we require confirmation of that individual’s consent and that the individual (were s/he submitting the application in their own right) is not in breach of any of the requirements of these terms.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to anything you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the services. We may change our products:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements, and where these changes will not affect you.
5.2 More significant changes to the products and these terms. In addition, if we have to make more significant changes, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6. PROVIDING THE SERVICES
6.1 When we will provide the services.
6.1.1 We offer a fully online application service, available 24/7; however, during the order process you will have the option to select the relevant processing timescales for when we will provide the services to you should we accept your order.
6.1.2 Your order will be checked by us prior to it being submitted. Thereafter, we shall assist you searching for the relevant documents you have selected.
6.1.3 The estimated completion date for the services is as told to you during the order process. Please be aware that the Super-Fast Track & Fast Track Service offered on our website only provides for us to expedite your application. It will enable us to prioritise in checking, preparing, processing and reviewing your application.
6.1.4 We shall contact you through the process including to advice you when we have begun the process, submitted an application and completed processing your information.
6.2 We are not responsible for:
6.2.1 For delays outside our control. If our supply of the services is delayed by an event outside our control (including the actions or omissions of you or a third party) then we will contact, you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.2.2 Where you do not allow us access to provide services (where applicable). If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange performance of the services we may end the contract and clause 9.2 will apply.
6.3 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the services to you, for example, that set out in the order process. We will contact you to ask for this information where it is not provided, appears incorrect or incomplete. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
6.4.1 deal with technical problems or make minor technical changes;
6.4.2 update the services to reflect changes in relevant laws and regulatory requirements;
6.4.3 make changes to the services as requested by you or notified by us to you (see clause 5).
6.5 Your rights if we suspend the supply of the services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for the services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
6.6 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute any unpaid invoice (see clause 11.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).
6.7 Completion. Our services to you will be completed:
6.7.1 When the document order has been reviewed and searched for on the relevant registers or 3rd party systems, and the results of the search are sent to you in a confirmation email.
6.7.2 If we need to contact you to correct any information on your Application Form as set out above or to send you a form to sign and you do not respond within 1 month and for the avoidance of doubt in which case you shall not be entitled to a refund;
6.7.3 The contents of the documents ordered and their availability are not our responsibility however we do provide partner services to help make the relevant applications required to update the details.
8. YOUR RIGHTS TO END THE CONTRACT
Ending your contract with us. You as a consumer loses the right to cancel a service contract that has been performed within the cancellation period, as you agreed to this acknowledgement that you would lose your right to cancel once the contract had been performed. This is agreed when agreeing to our terms of service.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due or
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our products.
9.2 You must compensate us if you break the contract.
9.3 We may withdraw the products. We may write to you to let you know that we are going to stop providing the products. We will let you know as soon as reasonably practicable in advance of the supply of the products and will refund any sums you have paid in advance for that which will not be provided.
10. PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the prices advised to you are correct. However please see clause 11.3 for what happens if we discover an error in the price.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of our products may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a miscalculation, we may end the contract, refund you any sums you have paid.
10.4 When you must pay and how you must pay. We accept payment via any of the methods displayed on the website at the time of your order. Unless otherwise agreed between the parties you must pay for the services in full upon placing your order.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our products.
11.3 We are not liable for business losses. We only supply our products for domestic and private use. We will therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookies Policy, available via https://nationalrecords.org/privacy-policy
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
13.5.1 Our company maintains comprehensive records of transactions and interactions. In response to chargebacks, we will submit all necessary evidence to your bank. This will result in the chargeback being contested. Should a chargeback proceed, it will lead to the involvement of a debt collection agency.
13.5.2 Any outstanding payments owed will also be passed to a debt collection agency in order to settle. This step may incur additional charges and interest that will be payable by you (The Customer).
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and (subject to your rights as a consumer to bring proceedings elsewhere) you can bring legal proceedings in respect of the products in the English courts.
14. COMPLAINTS PROCEDURE
14.1 Complaints regarding refunds.
14.1.2 National Records operate a three stage resolution process
14.1.3 You must submit your complaint regarding the refund where the case will be investigated by a finance administrator. A response will then be issued within 3 working days.
14.1.4 If the response is not satisfactory you must request a first stage dispute, this will then be passed to a senior member of finance to review. A response will be issued with in 5 working days.
14.1.5 When an issued first stage dispute is not satisfactory you may request a final stage dispute.
14.1.6 You will be required to supply a full factual encounter and detailed reason for dispute.
14.1.7 Once 15.1.6 has been completed, a new investigation will open with National Records Quality and Compliance team.
14.1.8 They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.
14.2 Complaints regarding service.
14.2.1 National records operate a three stage resolution process.
14.2.2 You must submit your complaint regarding the refund where the case will be investigated by a Complaints handler . A response will then be issued within 3 working days.
14.2.3 If the response is not satisfactory you must request a first stage dispute, this will then be passed to a senior member of the Complaints team. A response will be issued with in 5 working days.
14.2.4 When an issued first stage dispute is not satisfactory you may request a final stage dispute.
14.2.5 You will be required to supply a full factual encounter and detailed reason for dispute.
14.2.6 Once 15.2.5 has been completed, a new investigation will open with National Records and Compliance team.
14.2.7 They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.
14.3 We require all complaints in writing, please email or post your complaint to support@nationalrecords.org
14.4 All correspondence regarding complaints will be handled in writing for record purposes.
14.5 National Records follow The information Commissioners Office (ICO) guidelines in regards to personal data, Please refer to the ICO guidelines for any queries
15. Refund Policy
15.1 CUSTOMERS ACCEPT THAT OWING TO THE NATURE OF OUR SERVICE, NO RIGHT OF WITHDRAWAL IS AVAILABLE. This means that once you place your order through our Website, you are not afforded with any ‘cooling off’ period where you may withdraw from this Agreement without charge. Our service consists of manual entries, searches, order processing support & 3rd party costs.
15.2 In the event of an order being placed which is either refused by us or our suppliers for any legitimate reason or which cannot be completed owing to incorrect or incomplete information supplied by yourself, we will seek (but cannot guarantee) to offer you a full refund of our service fee, but unfortunately, the refund does not cover any third-party fees we have already incurred, such as, but without limitation to, governmental and/or local authority charges or payment processing fees. For certified copies of Birth, Marriage & Death an index search fee and 3rd party agency fees will be retained from the refunded amount.
15.3 Any refunds will be paid directly to the account used for the original purchase. Refunds will not be paid to any third-party account not in the name of the customer who placed the original order and any applicable transfer/exchange/transaction fees shall be borne by the customer. In order to request a refund, kindly email us at support@nationalrecords.org with the following information:
Your full name
The reason you are requesting a refund
The email address associated with the original purchase