Last Updated: 24 May 2016
We amend these terms from time to time as set out in clause 1.4. Every time you order Products, please refer to the most recent update of these terms at such time, as those will be the terms applicable to your order.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply Products to you.
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.
1.3 Some terms are specific to consumers or non-consumers/businesses. Please note that certain clauses will specifically relate to consumers, or non-consumers/businesses. These will be clearly marked to avoid confusion.
1.4 Our right to vary these terms:
(b) Please check the last revision date (see above) of these terms from time to time to note any such changes, as they will be binding on you, and any relevant order, from the date of any such changes.
2. Information about us and how to contact us
2.1 Who we are. We are Business Funding Research Limited (trading as ‘UKData.com’) a company registered in England and Wales. Our company registration number is 7312969 and our registered office is at 45a Station Road, Willington, Bedford, MK44 3QL.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 033 7472, by emailing us at [email protected], putting in a Product support request through our help.ukdata.com webpage, or writing to us at ukdata, 45a Station Road, Willington, Bedford, MK44 3QL.
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.
2.5 “Business day” means a day other than a Saturday or Sunday when banks are open to receive deposits.
3. If you are a business customer
This clause 3 only applies if you are a business.
3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
3.2 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
3.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
4. Our contract with you
4.1 How we will accept your order. Our acceptance of your order for a subscription, a report as part of a subscription package, or for a one-off document or report will take place when (i) we email you to accept it; (ii) the document is transferred to your ‘My Account’ section of the UKData site; or (iii) you receive clear confirmation in another form (such as notice on a webpage that your order has been accepted); whichever arrives first. At this point a contract will come into existence between you and us.
4.2 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 Product. This might be for a variety of reasons, which we will endeavour to explain to you in any given situation.
4.3 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.
5. Your rights to make changes
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. Please note that no changes can be made in any order for digital content once you have ordered any such Product, as your order will trigger its creation by us.
6. Our rights to make changes
6.1 Minor changes to the Products. We may change the Product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
6.2 More significant changes to the Products and these terms. In addition, we may sometimes make changes to a Product, but if we do so we will usually notify you and you may then contact us to end the contract in such circumstances where the change has significantly altered the nature of the Product ordered such that it will not deliver the same content that you ordered. In such circumstances you will receive a refund for any Products paid for but not yet received.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the Products
7.1 When we will provide the Products:
(a) If the Product is a one-off purchase of a report or document. We will make such digital content available for download by you as soon as we accept and process your order. We will also email you a PDF version to the email address you gave us.
(b) If the Product is a subscription to receive digital content. We will supply the digital content to you until you run out of credits or you end the contract as described in clause 8.1 or we end the contract by written notice to you as described in clause 8.8. Any such content will be provided to you as described in clause 7.1(a).
7.2 Once provided, the reports or documents that you have ordered will remain in your UKData account and can be downloaded more than once. We cannot guarantee availability of historic order data, but will endeavour to maintain records by taking regular backups of the database.
7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control 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. If there is a substantial delay (more than 5 business days) you may contact us and receive a refund for any Products you have paid for but not received if you have made a one-off purchase, and for additional credits if you are a subscriber. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us.
7.4 What will happen if you do not give required information to us. We need certain information from you so that we can supply the Products to you, for example, your email address. This will have been stated on our website. We will contact you to ask for this information. 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 8.9 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 Products 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.
7.5 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product notified by us to you (see clause 6).
7.6 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 5 business days in any 14 business day period we will give additional credit to those on a subscription package so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 15 business days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
7.7 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 13.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 13.5). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 13.4).
7.8 Subscription Agreements
(a) Depending on the type of subscription that you sign up for, you will receive a certain number of credits each month for a monthly recurring fee.
(b) Any unused credits will not roll over to the next month.
(c) You may upgrade your subscription type at any time from your Account area.
(d) You may decide to downgrade your subscription type, but this will only come into effect from the next billing cycle. You must email us at [email protected] or contact us through help.ukdata.com.
(e) Depending on the terms that you accept when signing up to your subscription, you will be bound to the subscription for a minimum term. Beyond this minimum term, payments will still be taken on a monthly basis but you can cancel at any time (see clause 8.6).
7.9 Credits can be used to purchase company or director reports.
(a) The number of credits you receive each month will stay constant unless you upgrade or downgrade your subscription type.
(b) A director report costs 10 credits, and a company report costs 5 credits.
(c) All documents are free for subscribers, and so require no credits to be used.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product replaced or a download of digital content re-performed or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the Product, see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about a system error in the Production of our reports you have ordered that cannot be ratified in 10 business days and you do not wish to proceed;
(c) there is a risk that supply of the Products may be delayed by over 15 business days because of events outside our control; or
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 business days.
8.3 When you don't have the right to change your mind.
You do have the right to change your mind with respect to certain Products as detailed in clause 8.4, buy you do not have a right, under any circumstances, to change your mind in respect of Products consisting one-off purchases of reports or documents after the order has been submitted to us, as the order is then complete and delivery to you is automatic.
8.4 When you can change your mind. If you have signed up to a subscription Contract, you may cancel by giving us notice that you wish to do so, provided that the minimum term has passed (see Clause 7.8(d)). If you have made a one-off purchase of a report or document, you may not change your mind as the digital content will have been created and transferred already.
8.5 Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. If you want to end the contract in these circumstances, just contact us to let us know. A subscription contract will not end until the business day which is one calendar month after the day on which you contact us (in effecting giving you a 30-day notice period). We will refund any advance payment you have made for Products which will not be provided to you but will retain any payments which cover the period between you letting us know you would like to cancel and the cancellation date 30 days later. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March.
8.6 You can end a subscription with us by telling us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0800 033 7472, email us at [email protected] or put in a request on the help.ukdata.com webpage. Please provide your name, home address, details of the order/Contract and, where available, your phone number and email address.
(b) By post. Write to us at UKData, 45a Station Road, Bedford, MK44 3QL, including details of what you bought, when you ordered or received it and your name and address.
8.7 How we will refund you for a cancelled subscription. In the event that there is any difference between the amount paid and the period covered, we will refund you the appropriate amount. However, we may make deductions from the price, as described in clause 8.5.
8.8 Our right to end a subscription if you break our contract with you. We may end the contract for a subscription at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, a valid email address;
(c) you breach the contract in any other significant way.
8.9 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.8 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
8.10 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 24 hours in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
9. If there is a problem with the Product
9.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 0800 033 7472, email us at [email protected], put in a support request on our help.ukdata.com webpage, or write to us at UKData, 45a Station Road, Willington, Bedford, MK44 3QL.
9.2 Consumer Summary of legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights as a consumer
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your Product is digital content, for example a report on a company or director or company document or a subscription for such, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you're entitled to a replacement.
- If the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
10. Data usage rights
10.1 If you are a consumer user, your use of the site and any material that you download from it is strictly for your own consumption. You are strictly forbidden from sharing or selling anything that you download with anyone else.
10.2 If you are any other user, including a business user, please note that we supply the Products for internal use by your business. You agree not to offer the Products for resale, either through your own actions or that of any other party. You are strictly forbidden from sharing any Products with anyone outside your organization.
10.3 We reserve the right to terminate your subscription with immediate effect if we suspect that you have shared any information from the site with another party. If this is deemed to have caused us financial or reputational harm, you may be liable to us for damages and other costs under the law.
11. Price and payment
11.1 Where to find the price for the Product. The price of the Product (which excludes VAT) will be the price indicated to you when you placed your order. VAT will be added at the applicable rate. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the Product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's 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 unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
11.3 When you must pay and how you must pay. We accept payment with all major credit card providers and Paypal. All payments will be processed by Recurly. When you must pay depends on what Product you are buying:
(a) For digital content, you must pay for the Products before you download them;
(b) Subscription payments will be charged to your card or Paypal account by Recurly each month.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we reserve the right to charge interest to you on the overdue amount at the rate of 4% a year 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 judgment. You must pay us interest together with any overdue amount.
11.5 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 and we will not charge you interest until we have resolved the issue.
12. Our responsibility for loss or damage suffered by consumers
12.1 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.
12.2 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 the Products as summarised at clause 9.2; and for defective Products under the Consumer Protection Act 1987.
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 We are a distributor and not a publisher of third party aggregated content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available to the user via the website are those of the respective author(s), suppliers and distributors and not of us.
13. Our responsibility for loss or damage suffered by businesses and other non-consumers
13.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
13.2 Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.3 Subject to clause 15.1 our total liability to you in respect of all losses arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.4 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. Your responsibility for loss or damage suffered by us if you are a consumer
You are responsible to us for foreseeable loss and damage caused by you. If you fail to comply with these terms (such as by publishing any information from the site or making it available to 3rd parties (see clause 10), you are responsible for loss or damage we suffer that is a foreseeable result of your breaking this contract or your failing to use reasonable care and skill, but you 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, or we have otherwise made you aware of it. With this in mind, and for the avoidance of doubt, any misuse or publication of data provided by us to you may cause us to breach our agreements with certain 3rd party suppliers. To the extent your actions make us liable to them, we will expect you to reimburse us to the full extent of any such liability, which may be significant and far exceed the value of your contract with us.
15. Your responsibility for loss or damage suffered by us if you are a business or other non-consumer
You agree to indemnify, defend and hold us harmless from any loss, liability, cost, damage, claim or demand, including reasonable legal fees, made by any third party, or incurred or suffered by us, in connection with your use of our website or any Products.
16. How we may use your personal information
18.1 We will use the personal information you provide to us:
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us or clicking the relevant link at the bottom of the email.
18.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 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.
17.5 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.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
17.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business or other non-consumer. A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).