Terms and Conditions

Terms and Conditions of use for the Company Alert Monitoring Service or Web Site.
Updated
23rd October 2009

1. Definitions
1.1 Company Alert is a trading name of CFI Ltd. Company Fraud Investigations www.cfi.ltd.uk Registered Office 80-83 Long Lane LONDON EC1A 9ET.Registered Number 06571083.
1.2 Company Alert Monitoring Services are defined as ‘Advanced Company Monitoring’ a paid for subscription based service monitoring a group of companies and ‘Company Report Monitoring’ a free non subscription service which provides automatic alerts to changes within a company report for up-to 12 months after the purchase of a report.
1.3 You the customer may also be referred to as the ’Client’ the ’Subscriber’, ’Trial Member’ or ’Full Member’ and is ANY user of ’the service’ and or the ’Company Alert Web Site’ either directly or indirectly on behalf of, either an Individual, Sole Trader, Limited Company, Limited Liability Partnership, PLC or any other such corporate body and or their agents or employees.
1.4 Membership to the monitoring service from hereon in shall also be known as the ’Subscription’ or ‘Membership’.
1.5 A ’Trial Member’ is a term given to a new subscriber during our 30 day (or longer trial if offered) free trial.
1.4 A ’Full Member’ is a subscriber who has completed their free trial period and has agreed to continue with the use of the service or has opted to commit directly to the service without the trial or was not eligible for our trial offer.
1.5 Beta Version is a testing version of the company alert service and or web site which is used for testing and evaluating purposes only.

2. Advanced Monitoring Free Trial and Promotional Offers
2.1 Our 30 day (or longer trial if offered) trial is available FREE for our advanced monitoring service only, all other services such as reports and companies house documents are charged at the prices displayed. 50% Discount is available to Trial & Full Members.
2.2 Our 30 day (or longer trial if offered) free trial is only available to
UK companies registered with Companies House, unless a prior arrangement in writing has been arranged.
2.3 The free trial is limited to one trial per company including associated companies, unless previously agreed in writing with Company Alert.
2.4 Subscribers attempting to gain multiple free trials via different accounts and or associated companies or groups of companies shall be charged retrospectively for misuse of the service at the rate of 12 months minimum subscription per misuse. 
2.5 Trial members are limited to 100 monitored companies only, companies in excess of 100 shall be charged at the standard rate, unless otherwise agreed.
2.6 Subscribers who do not wish to proceed with our service after the free trial period must cancel their agreement at least 7 full days before the free trail period comes to an end, failure to cancel within the agreed time will result in the commitment of the minimum term of this agreement.
2.7 Cancellations must be in writing by recorded delivery to our registered office above or emailed to cancellations@companyalert.co.uk entering ’Cancel Free Trial’ in subject box. Emailed Cancellations will receive a dated automatic reply, which may be used as confirmation of cancellation.
2.8 If no cancellation is received within the specified time, it is deemed that the subscriber accepts to participate as a full member and is charged accordingly.
2.9 From time to time Company Alert shall consider certain trials and other Promotional Offers, Company Alert reserves the right to discontinue or modify coupons, credits, trials and promotional offers at its discretion and without notice.

3. Agreement Period
3.1 Trial Members are bound by this agreement for a period of 30 days (or longer trial if offered); thereafter becoming Full Members unless cancelled in accordance with clauses 2.5 and 2.6 above.
3.2 This agreement for Full Members shall remain in force for an initial period of not less than 12 months from the commencement date of full membership. 
3.3 The agreement shall automatically be renewed each year on the anniversary date of full membership or the next working day thereafter, unless cancelled or superseded.
3.4 Cancellations of full membership must be received at least 30 days prior to the renewal date.
3.5 All cancellations must be made in writing by recorded delivery to the company’s registered office or emailed to cancellations@companyalert.co.uk

4. Entering and Removing Monitored Companies from your Portfolio.
4.1 All companies that a subscriber wishes to place into their portfolio of monitored companies must be selected and added by the client, companies that are entered in error Must be brought to our attention within 24 hours of being added, this is to enable us to delete the company prior to its manual ‘health Check’ and appending any credit limits or alerts.
4.2 Companies can be uploaded in bulk via a .CSV format; the client is responsible for the accuracy of all bulk updates. The data must include the Company Name and Companies House Registration number. Send bulk uploads to
customerservices@compnyalert.co.uk with your company name and Bulk Upload in the subject title.
4.3 After a monitored company has been entered into a subscriber’s portfolio, manually assessed including credit limit and rating added, it must remain in the subscriber’s monitoring portfolio for a minimum of 6 months. Entering temporary companies for the purpose of gaining a free ‘health check’ which includes access to credit history, credit limits and ratings is strictly forbidden and classed as abuse of the service.
4.4 Companies may be removed/deleted from your monitoring portfolio if they are; no longer trading, they have been monitored in excess of 6 months; they were entered in error and comply with 4.1 above. To remove a company simply email your request to
customerservices@companyalert.co.uk enter Delete in the subject.
4.5 Limited Companies that cannot be located through our Company Search for any reason are not available to be monitored. (Non Limited Companies/Sole Traders are unable to be monitored at this time)
4.6 The client is responsible for entering their correct contact details and any other relevant information in their administration area and keeping such information up to date at all times. Failure to comply with this condition may affect the efficiency of the service in providing the client with satisfactory ‘Alert Status’ information.
4.7 The service accepts no responsibility for client losses due to failure of compliance with the above condition 4.6.

5. Unique Monitoring Service our Commitment.
5.1 Company Alert endeavour to take full responsibility to monitor all companies that are entered into the clients monitoring admin portfolio section for any anomalies or statuary events which could affect a company’s credit worthiness.
5.2 Company Alert updates their information twice every 24 hours (working days) from various data streams, normally between the hours of
3-5 am and 3-5 pm. Changes to monitored companies which are detected are then automatically emailed to subscribers generally between 8-9 am and 4-5pm.. 
5.3 Our investigators thereafter manually check all changes which have been detected and a further email is then sent complete with a risk assessment of the change (if applicable), along with a reason and or appropriate basic advice.
5.4 Detected high risk alerts which we consider would require immediate action are urgently transmitted to the subscriber by way of email with a follow up personal communication to explain its urgency and confirm the ‘High Alert’ status has been received.
5.5 Information supplied to subscribers is limited to the contact or contacts whose details appear in the subscriber’s admin section only. No information of any description shall be passed to any other member of a subscriber’s organisation unless added to the contact details.
5.6 Should the registered contact not be available when Company Alert attempt a personal contact ‘High Alert Status’ warning, an urgent message shall be left advising the registered contact to check their emails and or return our call if our alert email has not been received.
5.7 Once we have personally contacted a client regarding a ‘High Alert Status’ to a specific company in their portfolio and they are aware of that company’s alert status, further personal communication is not made although email alerts shall continue.
5.8 Monitored companies who reach a ‘High Alert Status’ for whatever reason and then have the ‘High Alert Status’ removed, are not subject to the restriction of 5.7 above.
5.9 Personal communication relating to any High Alert Status regarding a monitored company is suspended to during any period where an account is overdue. 

6. Changes and Accessibility
6.1 CFI Company Alert shall be entitled to make such alterations, enhancements, improvements or developments of or to the specifications of the service as it may deem fit, but shall give the client reasonable notice of these changes prior to implementing the same.
6.2 We endeavour to provide the service 24 hours a day, 365 days a year, however there shall be times when essential upgrades and maintenance become necessary, downtimes of this nature shall be kept to a minimum and carried out during times of low usage. Notice of these events shall be provided prior to commencement.
6.3 Company Alert agrees to complete the above services to subscribers unless the inability or delay in service is caused by circumstances beyond the reasonable control of Company Alert and which cannot be cured by measures which might reasonably be taken in the course of our business, including, without limitation, war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, breakdown or damage to machinery or equipment or technology, fire, flood, acts of God, legislative or administrative interference.

7. Charges and Payments
7.1 The Company Alert Advanced Monitoring Service is only available to subscribers/members who complete a Direct Debit Mandate with a minimum charge of £10 per month plus VAT at the standard rate. Subscribers are protected by the usual Direct Debit Guarantee. 
7.2 The minimum charge allows subscribers to monitor up to 20 companies with each company thereafter being charged at the rate of £0.50p per company per calendar month.
7.3 Companies entered for monitoring during a month are charged pro rata daily until the 1st day of the following calendar month and £0.50p monthly thereafter.
7.4 Company monitoring is charged in advance per month @ £0.50p x (number of Companies Monitored), Companies monitored part month are added to the invoice generated at the end of the month. 
7.5 Charges for other services provided to members/subscribers such as Company Credit Reports, Company Director Reports and Companies House Documents are added to the invoice generated at the end of each month.
7.6 Clients are responsible for all Subscriptions and other fees due including Company Reports and Companies House Documents as per invoice and hereby authorises Company Alert to obtain payment of all such fees in accordance with the Direct Debit Mandate.
7.7 Failure to obtain payment may result in the termination of all Company Alert services and a final invoice including the remainder of the agreement would fall due on termination.
7.8 All prices quoted are subject to the addition of UK Value Added Tax at the UK Government quoted rate at the time of invoicing.

8. Data Protection
8.1 We take our obligations of confidentiality and the protection of the Clients Company and Personal Data very seriously. We will not, therefore, sell or make Clients data available to any third party whatsoever.
8.2 We are registered with he Information Commissioner’s Office under the Data Protection Act 1998 (Registration No. Z1320659) and we agree to uphold all regulations of the act and any subsequent amendments.
8.3 Please also see our ‘Privacy Policy’ which is available on our web site.

9. Limitation of Liability
9.1 The client will endeavour to operate at all times in such a manner as to be deemed sensible and reasonable. The client also undertakes not to use the service in such a manner as to constitute a violation or infringement of the rights of any third party or the breaking of any laws.
9.2 Company Alert stress that in no way shall our company be responsible or held liable for any aspect of any incident of any form whatsoever that occurs from information supplied.
9.3 Company Alert’s entire liability in respect of all claims arising out of or in connection with this Agreement or the Service provided in the 12 month period from the date of this Agreement or its renewal is limited to the total cost of this Agreement or its renewal.

10. Confidentiality
10.1 The subscriber undertakes to maintain the confidentiality of ALL information and guidance provided by Company Alert and only discloses to their employees such information on a need to know basis during the course of their business duties.
10.2 The subscriber shall not be at liberty to pass on or sell any information or guidance which they have received from Company Alert during the term of this agreement and for a further period of at least 12 months after the termination of this agreement or its renewal.
10.3 Failure to comply with 10.2 could result in the immediate termination of their membership and or legal action to recover losses and legal costs, including that of third parties.

11. Obligations, Warranties
11.1 The information gathered and collated by Company Alert as part of the service is manually checked and verified against several data sources including Companies House to ascertain its preciseness prior to any decision being made on its relevance.
11.2 Although all information we receive is as up to date and accurate as possible, we can not be held liable for any consequence whatsoever arising from decisions made from data received from third parties.
11.3 Opinions expressed by Company Alert staff (either by phone, email, in writing or any other method of communication), although highly experienced are to be treated as a guide only. 
11.4 The Client accepts full responsibility of any final decision whatsoever made regarding a third party based on information provided by Company Alert.

12. Password and Security
12.1 The client agrees that they are fully responsible for maintaining the confidentiality of their password and account details and are fully responsible for all activities and usage of their account. 
12.2 The client agrees to immediately notify Company Alert of any unauthorised use of the service, or account and agree to exit their account at the end of each session.
12.3 Company Alert shall not be liable for any loss that a Client may incur as a result of a third party using its password or account, either with or without its knowledge.
12.4 The Client may be held liable for losses incurred by Company Alert or another party due to a third party using the Clients account or password.
12.5 The Client and or their agent or employees may not reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services or any other aspect of Company Alert’s technology.
12.6 The Client hereby agrees to indemnify, defend and hold Company Alert harmless from and against any loss, cost, damages, liability or expense arising out of or relating to any third-party claim, suit, proceeding, action or allegation of infringement based on information, data, files or other content submitted by Company Alert.

13. Beta Version Testing
13.1 Beta version testing of our services applies to selected clients in respect of any ’Beta Version Testing’ of the Company Alert Services and or Web Site which may be offered. Clients who participate agree to the following conditions.
13.2 Company Alert Beta version(s) of the service/web site are strictly for the purposes of evaluation, testing and feedback. 
13.3 A Beta testing Client acknowledges that a Beta testing version may contain bugs, errors and other problems and is provided to client on a ’as-is’ basis.
13.4 Therefore Company Alert disclaims any warranty or liability obligations to the Client of any kind with respect to the Beta version services.
13.5 The client further acknowledges that the participation in Company Alert’s beta testing program is strictly on the condition that they agree to communicate all information relating to any problems whatsoever within the service/site. 
13.6 Any feedback, evaluation, testimonial etc. received, the Client hereby grants Company Alert royalty-free worldwide license to use at its sole discretion.

14. General
14.1 If any provision of this agreement is found to be unenforceable or invalid, the validity of the remaining provisions shall not be affected.
14.2 This agreement and the conditions contained herein shall constitute the whole agreement between CFI trading as Company Alert and the Client and no alteration to any clause shall be valid unless agreed by Company Alert in writing.
14.3 Company Alert may make alterations, enhancements and any updates it deems fit at any time, changes to this agreement shall be notified to all subscribers not less then 28 days prior to commencement of any change or clause.
14.4 This agreement shall be governed by the English Law of Great Britain and the parties agree to submit to the jurisdiction of the English Courts.
14.5 This agreement is not transferable by either party and remains with the legal entity of the parties who agreed it.

15. Ratification
15.1 These terms and conditions of use are deemed affective from the time and date the acceptance button below is checked.
15.2 Unless this button is checked there is no agreement between either party.
15.3 Clients taking advantage of any offers free or otherwise are also required to accept these Terms and Conditions and are bound by their restrictions and limitations.