The Legal Part

1. INTRODUCTION

1.1. Terms and conditions (general website) - applicable to all customers/users of makinga-difference.org.uk, This would also include the services for disclosure and barring.

1.2. By purchasing anything from our website, you will be bound by the obligations in our terms and conditions set out on website www.makinga-difference.org.uk (general website).

1.3. When buying any services you also agree to be legally bound by our website terms and conditions and any documents referred to in them; our Refund Policy and extra terms which may add to, or replace some of, this contract. This may happen for if any third party or statutory body supplying part of the services alters their own conditions, rules, or processes. We will contact you to let you know if we intend to do this by giving you one month’s notice; All the above documents form part of this contract as though set out in full here.

1.3.1 In This Contract

• ‘Basic Check’ means a form of check with The Disclosure and Barring Service which reveals details of any unspent convictions or conditional cautions the applicant has

• ‘Enhanced Check’ means a form of check with The Disclosure and Barring Service which reveals the same information as a standard check, as well as any relevant information held by the applicant’s local police force.

• ‘Enhanced Check with check of the barred list’ means a form of check with The Disclosure and Barring Service which reveals the same information as an enhanced check and shows whether the applicant has been barred from working with children and/or vulnerable adults. • ‘Standard Checks’ means a form of check with The Disclosure and Barring Service which reveals details of any spent or unspent convictions, cautions, reprimands or warnings the applicant has, as long as they’re not protected.

• ‘Third Party’ means uCheck which is recognised by The Disclosure and Barring Service as a top responsible organisation for Basic checks and a registered Third party for Standard Checks and Enhanced Checks

• ‘We’, ‘us’ or ‘our’ means Making a Difference and ‘You’ or ‘your’ means the person using our site to buy services from us.

2. PRIVACY & PERSONAL INFORMATION

2.1 By agreeing to the Terms and Conditions, you also agree to the following: I consent to the DBS providing an electronic result directly to the registered body that has submitted my application. I understand that an electronic result contains a message that indicates either the certificate is blank or to await certificate which will indicate that my certificate contains information. In some cases, the registered body may provide this information directly to my employer prior to me receiving my certificate.

2.2 I understand if I do not consent to an electronic result being issued to the registered body submitting my application that I must not proceed with this application, and I should submit a paper application form.

2.3 I understand that to withdraw my consent whilst my application is in progress I must contact Making a Difference by email which can be found on our website support section and your application will then be withdrawn.

2.4 We will be unable to remove your data for the following reasons;

2.4.1 You have an open complaint case.

2.4.2 There is a refund pending on your application.

2.4.3 The application is under review and has not been cancelled.

2.4.4 You open a dispute.

2.4.5 You give us false or misleading information.

3. INFORMATION WE GIVE YOU

3.1 We require all Subject Access Requests in writing to: support@makinga-difference.org.uk

3.1.1 You will receive an acceptance email which will contain a form.

3.1.2 You are required to complete the form and return it, for us to actions this.

3.1.3 We have one calendar month from receiving your completed form to comply with the request.

3.1.4 All requests to remove your personal data must be in writing.

3.2 All requests to remove your personal data must be in writing.

3.3 4. ORDERING Below, we set out how a legally binding contract between you and us is made.

4.1 When you place your order at the end of the Online/manual process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

4.2 Once your application has been filed and is in the "Application Received and Delivered" stage for seven days, you cannot modify the delivery method; you will need to cancel it and submit a new application; there won't be a refund and you will have to pay for a new application.

4.3 If you provide us with incorrect information or any information is omitted by you and this results in your application being withdrawn by third party such as the Disclosure and Barring Service, The Police, Adult Baring, Children Barring, List 99, Identity, or any other verification then, we hold no responsibility. In the event this happens, the service fee paid will be forfeited and you will need to pay the full fee for us to resubmit your application with the correct/omitted information.

4.4 We reserve the right to change the delivery time frame where required.

4.5 The delivery time frame may change based on the following factors, Length of time of check, type of check required and queries regarding the check.

4.6 We may contact you to say that we do not accept your order. This is typically for the following reason:

4.7 We may contact you to say that we do not accept your order. This is typically for the following reasons:

  • We may contact you to say that we do not accept your order. This is typically for the following reasons:
  • We cannot carry out the services (this may be because, for example, we have a shortage of staff); we cannot authorise your payment; you are not allowed to buy the services from us; we are not allowed to sell the services to you; or there has been a mistake on the pricing or description of the services.
  • You have not supplied the information necessary for us to supply the services to you; We will only accept your order when we email you to confirm this (Confirmation Email). At this point: a legally binding contract will be in place between you and us; and we will provide the services as agreed during the Online/manual application process.
  • If you are under the age of 18 you may not buy any services from the site.
5. PAYMENT

5.1 We accept the following credit cards and debit cards: Visa Credit, Visa Debit, Mastercard, Maestro, Discover, Diners Club, UnionPay, Amex, Google Pay, and Apple Pay.

5.2 Your credit card or debit card will only be charged when you submit an online order or if you agree on a sale over the phone.

5.3 If your payment is not received by us, we may charge interest on any balance outstanding. We will email you to let you know if we intend to do this along with interest rates.

5.4 Price of services;

5.4.1 Basic DBS: £17.50

5.4.2 Standard DBS: £35.00

5.4.3 Enhanced DBS: £49.00

5.4.4 Enhanced+ DBS: £63.16

5.4.5 Passport Verification: £9.99

5.4.6 Driving Licence Verification: £9.99

5.4.7 Birth Certificate Verification: £9.99

5.4.8 Right to Work Verification: £9.99

5.4.9 Educational Certificate Verification: £14.99

6. CARRYING OUT OF THE SERVICES

6.1 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed.

6.2 We offer an online application service available 24/7; however the submission of your application is done manually during our working hours (9.00am – 5.00pm, Monday to Friday, excluding banks holidays), 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.

6.3 Your identity will be checked by us prior to it being submitted to our third party then to The Disclosure and Barring Service. All certificates are processed at the final stage by The Disclosure and Barring Service.

6.4 The estimated completion date for the services is as told to you during the order process. Please be aware that the 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. It will not provide you with any expedited service by The Disclosure and Barring Service.

6.5 We shall contact you through the process by automated emails or text messaging to advise you when we have begun the process, submitted an application and completed processing your information. 6.6 We are not responsible for:

6.6.1 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;

6.6.2 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; and

6.6.3 For the ultimate decision of The Disclosure and Barring Service. If The Disclosure and Barring Service finally determine that you are not entitled to receive the requested The Disclosure and Barring Service documents, then you agree and acknowledge that this falls outside of our determination and that we shall not be liable to issue you with any refund of monies paid for the services to date.

7. FAULTY SERVICES

7.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. 7.2 We are not liable for any errors or mistakes, as we have delivered our service when we mark your application status as “Application Received and Validated”, unless the mistake was caused by us before submitting the application.

7.3 You must contact the third party company directly for any errors or mistakes on your documents.

7.4 Please notify us within 14 days of your ordering being “Dispatched”, if there are any faults or errors on your documentation, which wasn’t your fault; we will not honour any reports of errors, once the 14 days have passed.

8. RIGHTS TO CANCELLATION

8.1 You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if your application has been marked as “Application Received and Validated” as our services have been fully performed (i.e. the work is completed) during this period, and after submission, we can’t recall it. This is further explained in clauses 8.2, 8.3, and 8.4 below.

8.2 This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

8.3 This does not affect the rights you have if your services are faulty. A summary of these rights is provided in these terms and conditions.

8.4 Our company specifically and exclusively helps you apply for third-party services, such as DBS checks or verification services. Once you have completed and submitted your desired application with us, our role is fulfilled and our involvement ends, and we will update your application status on the order tracking page as "Application Received and Validated”.

8.5 Your application will go through a multistage verification checks with third parties, which you can track on the order tracking page, which you can find on our website footer, if there are any type of issues you must contact the third party(s) directly; you may contact us, but we can only provide limited assistance.

8.6 We will only help with general inquiries or certificate delivery, as we only support you with the application process. Our engagement ends once the application is filed and recognised as "Application Received & Submitted."

8.7 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this contract or in the contact us section on our website footer.

8.8 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before your application is marked as “Application Received and Validated”, If not you will lose your rights to cancellation as we have carried out our service.

9. EFFECTS OF CANCELLATION

9.1 If you cancel this contract, we will reimburse to you all payments received minus any administration fees.

9.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

9.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.4 Please be aware you void the right to a refund if you have uploaded documents to your application.

9.5 Duplicate orders. You will be eligible for a partial refund if both orders are placed 1.5 hours of each other, and you email within 1.5 hours of the second order. Anything outside of this time frame voids your right to a refund.

9.6 You have 7 days from our last communication to complete any relevant steps needed, if there is no communication, you will receive an email to advise the contract is due to end. Once this email has been sent, you will have 7 days to contact us. If no contact has been received within the 7 days, the contract between Us and you will come to an end. If you get in touch with us after the contract has ended, you will be required to submit a new application, however we may charge a fee to reinstate the application. This will be dependent on the circumstances.

10. Fast Track Service

10.1 This service offers 3 working hours processing rate.

10.2 If you have selected the fast track service this will not commence until you have uploaded documents.

10.3 Please note if you have uploaded documents outside of our 9am -5pm working hours, Monday to Friday, the 3 hour fast track service will not begin till the working hours commence.

10.4 When you have submitted your documents and there is an error with what has been submitted, We will not take responsibility for delays outside the 3 hour time frame.

10.5 The fast track service is for the processing of your application, You will not receive your check back in this time frame.

10.6 11. COMPLETITION

1.1. Completion. Our services to you will be completed:

1.1.1 When your application has been reviewed, processed, and submitted.

1.1.2 Once your certificate or documents have been delivered to your selected shipping method.

1.2 You can apply for third-party services, including DBS checks or verification services, with the express and sole assistance of our organisation. Our part is ended, and involvement ends once you have completed and filed your desired application with us. Your application status will be updated on the order tracking page as "Application Received and Validated."

1.3 On completion of your check, a certificate will be dispatched via our third party. We do not take responsibility for any delays within the postal service or undelivered mail.

1.4 All certificates will be delivered after completion of checks to the stated delivery option at the time the order is placed.

12. COMPLAINTS POLICY

12.1 See Schedule 1 in the disputes category for the complaint procedure.

12.2 All correspondence regarding complaints will be handled in writing for record purposes.

13. DISPUTES

13.1 We will try to resolve any disputes with you quickly and efficiently in accordance with our complaint procedure (see Schedule 1).

13.2 All Monetary complaints can be resolved through banking disputes, however only when our terms and conditions, delivery, refund, cancellation, and complaints policy has been upheld.

13.3 If you are unhappy with: the services; our service to you generally; or any other matter, please contact us as soon as possible.

13.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

13.5 The laws of England and Wales will apply to this contract.

13.6 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will: let you know that we cannot settle the dispute with you;

13.6.1 Give you certain information required by law about our alternative dispute resolution provider You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr

Schedule 1 – Complaints Policy

1 COMPLAINTS REGARDING REFUNDS.

1.2 We operate a three stage resolution process.

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.

1.4 If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of finance to review. A response will be issued within 5 working days.

1.5 When an issued second stage dispute is not satisfactory you may request a final stage dispute.

1.6 You will be required to supply a full factual encounter and detailed reason for dispute.

1.7 Once 1.6 has been completed, a new investigation will open with our Quality and Compliance team.

1.8 They will issue a resolution/ response within 1 calendar month, please be advised this result is final.

2. COMPLAINTS REGARDING SERVICE.

2.1 We operate a three stage resolution process.

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.

2.3 If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of the Complaints team. A response will be issued within 5 working days.

2.4 When an issued second stage dispute is not satisfactory you may request a final stage dispute.

2.5 You will be required to supply a full factual encounter and detailed reason for dispute. 2.6 Once 2.5 has been completed, a new investigation will open with our Quality and Compliance team.

2.7 They will issue a resolution/ response within 1 calendar month, please be advised this result is final.

3 We require all complaints in writing, please email your complaint to the following: support@makinga-difference.org.uk.

14. THIRD PARTY RIGHTS

14.1 No one other than a party to this contract has any right to enforce any term of this contract.

15. CEASE OF CONTRACT

15.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

16. LIMIT ON OUR RESPONSIBILITY TO YOU

15.1 We do not take responsibility for postage of certificates outside of the England, Wales, the Channel Islands, and the Isle of Man.

15.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that;

15.2.1 We’re not foreseeable to you and us when the contract was formed;

15.2.2 We’re not caused by any breach on our part; 

15.2.3 business losses; and losses to non-consumers.

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