Business terms

All Policies

Our agreement with you

These terms apply to your access and use of the service (as defined below), which together with:

form the agreement between you (“the client”) and us (the “Agreement”). This agreement supersedes any written or oral representations, statements, understandings or agreements.

Your use of the service, 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.

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.

The illegality, invalidity or unenforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.

Who we are

In this policy ‘Amiqus’, ‘we’, ‘us’ or ‘our’ refers to:

  • Amiqus Resolution Ltd
  • Company Registration Number: SC511150
  • Data Protection Registration Number: ZA136760

“Amiqus” is a trading name of Amiqus Resolution Ltd. Contact information can be found here.

Definitions used in these business terms

In this agreement:-

  • “Agreement” means this agreement together with the Contract schedule, Service user terms, Data processing agreement and Privacy policy;
  • “Check” means the identification, verification, pre-employment and/or criminal record checks to be carried out on the Data subject, constituting the service. The checks available will be determined by reference to the client’s requirements;
  • “Credit” means the credits made available to a client under their chosen payment plan which can be used to complete checks on data subjects under the service;
  • “Customer data” means any data subject information necessary for us to provide the service to the client, including, but not limited to a legible copy of the data subject’s passport, driver’s licence or national identity card;
  • “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;
  • “The client” means you, being the company, firm, entity, corporation or public authority who wishes to purchase the services;
  • “The Data subject(s)” means the individual who has been referred to Amiqus by the client to provide their personal information and complete the check through the service;
  • “The service” means the services provided by Amiqus to the client, which include all or some of the following services: identity reports, credit reports, photo ID verification including via facial similarity verification, basic disclosure checks, the provision of company information and watchlist (politically exposed persons and sanctions) information and ongoing monitoring; as detailed further in the Contract schedule;
  • “The Service user” means an employee, agent, consultant or contractor from the client’s organisation making use of “The service” on behalf of the client;
  • “The Website” means the Amiqus website at amiqus.co – or any other site operated by Amiqus.

Commencement, term and termination

Service provision

Amiqus provides a streamlined, scalable and repeatable approach to anti-money laundering, know your customer and client and staff onboarding. It aims to improve efficiency, reduce risk, reduce cost and automate the process. The detailed specification relating to the services to be provided to you by Amiqus is contained in the contract schedule.

Amiqus does not offer a sandbox or testing environment, unless specifically agreed in your contract schedule.

Service charges

In consideration of us providing the service you must pay our service charges (the “service charges”). The service charges are determined by the pricing plan selected by the client:

Starter plan

  • Initial credit purchase: each new account on the Starter plan is obliged to buy a minimum of 100 credits on account opening.
  • Credit top up: a ‘pay as you go’ system if additional credits are required.

Standard, scale and enterprise plans

  • Subscription fee: a recurring payment determined by the plan selected by the client. The subscription fee includes a monthly credit allocation and discounted rate  for credit top-ups. The subscription fee is paid in advance at a frequency selected by the client – either monthly or annually.
  • Credit top up: a ‘pay as you go’ system if additional credits are required.

The service charges are the prices quoted in Amiqus’ standard pricing schedule, unless otherwise agreed. Prices exclude VAT which shall be added and charged at the prevailing rate. We accept payment in UK pounds sterling only.

Prices may be subject to change, clients will be given 30 days’ notice from the next invoice date of any amendments to Amiqus’ standard pricing schedule.

Amiqus shall have the right to increase service charges during a subscription term. Clients will be given 30 days’ notice from the end of the next invoice date of any increase to service charges.

Changes

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 through the online ticket support feature or directly to the client’s Amiqus account manager (if so appointed). Amiqus shall advise the client of the effects of the change,including any increase in the service charges, and shall update and re-issue the contract schedule to reflect such changes. No change requested by the client shall be implemented unless agreed in writing between the client and Amiqus.

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 invoice date. By placing a new order for credits, your continued use of the service will be deemed to constitute your acceptance of all of the new terms. These terms may not otherwise be changed without our written consent.

Client obligations and use of service

It is your responsibility to ensure that:

  • The terms of your order are complete and accurate;
  • 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;
  • You and the service users keep all security details (usernames and passwords) related to the services secure and confidential;
  • You, your employees, agents, consultants and subcontractors must adhere to Amiqus’s data security arrangement, Data processing agreement and the Service user terms.

Disclaimer and limitation of liability

Nothing in this agreement seeks to exclude Amiqus’s liability for death, personal injury, fraud or fraudulent misrepresentation.

We will not be liable to you, whether in contract, delict/tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the agreement for:

  • Loss of profits
  • Loss of sales or business;
  • Loss of agreements or contracts;
  • Loss of or damage to goodwill; or
  • Any indirect or consequential loss.

Our total liability to you arising under or in connection with this agreement, whether in contract, delict/tort (including negligence), breach of statutory duty, or otherwise, will be limited to the lesser of (i) £250,000; or (ii) the total amount paid (in cleared funds) to Amiqus by the client over the 12 month period preceding the event giving rise to the liability.

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.

Amiqus will not be liable for any damage or loss arising out of or in connection with the client or service users’ disclosure of security information (usernames and passwords).

Amiqus is not responsible or liable in any way for the client’s use of any check results or advising which checks are sufficient, including (but not limited to) the impact or outcome of any decision that the client makes based on the result of any check.

Amiqus is not responsible for the client’s data storage arrangements or storage of any data once downloaded/removed from the Amiqus platform by the client or any service user. The client is responsible for storing such data in line with all relevant legislation and applicable rules and regulations.

Intellectual property rights

All Intellectual property rights in or arising out of or in connection with the services or the website are owned by Amiqus.

Nothing in this agreement transfers to you any rights of ownership of any intellectual property rights in the service or the website, or constitutes a licence 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.

A data subject’s individual check results, activity logs or other compliance outcomes may be downloaded, printed or copied for your own record-keeping purposes.

Confidentiality

The recipient of any sensitive or proprietary information (“confidential information”) under this agreement or the through provision or use of the service will not disclose that confidential information to any third party, except:

  • Employees;
  • Affiliates;
  • Professional advisors; and/or
  • Third party service providers,

who need to know it and who have agreed in writing (or are otherwise bound) to keep such information confidential, and only to the extent required for fulfilment of this agreement.

The recipient will ensure that those people and entities:

  • Use such confidential information only to exercise rights and fulfil obligations under this agreement; and
  • Keep such confidential information confidential.

Data protection

It is your responsibility to adhere to Amiqus’ Data processing agreement or an agreement otherwise set out between the client and Amiqus.

Assignation of rights

Amiqus may, after having given prior written notice to the client, assign its rights under this agreement to any person to which it transfers its business, provided that the assignee undertakes in writing to the client to be bound by Amiqus’ obligations under this agreement.

Effective from 27/03/2023 Last reviewed 27/03/2023 Version 2.3