Terms of Use

INTRODUCTION

These terms govern your use of The Contractor Compliance Portal (contractor-compliance.co.uk) website and on which we supply our services to you. They tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

By using our website you accept these terms in full. If for any reason you cannot accept these terms, you must not use the website. If you register with our website, we will ask you to expressly agree to these terms.

 

ENITRE AGREEMENT

Together with our Privacy Policy and our Cookie Policy, these terms this shall constitute our entire agreement with you in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

OWNERSHIP

This website is owned and controlled by The Contractor Compliance Portal Limited.

 

WHO WE ARE

The Contractor Compliance Portal Limited. Registered Office: Jason Works, Clarence Street, Loughborough, Leicestershire, LE11 1DX. Registered in England & Wales Number: 14811270.

The Contractor Compliance Portal Limited is part of the Vestura Group of companies. More details on the Vestura Group can be found at www.vestura-group.co.uk.

The Contractor Compliance Portal Limited is known in this agreement as “The Contractor Compliance Portal”, “our”, “us”, and “we”.

 

STATUTORY AND REGULATORY DISCLOSURES

The Contractor Compliance Portal Limited is an Appointed Representative of Roots Insurance Brokers Limited, who are authorised and regulated by the Financial Conduct Authority. Roots Insurance Brokers Limited Firm Reference Number: 996056.The Contractor Compliance Portal Limited Firm Reference Number: 996056.

The Contractor Compliance Portal Limited is registered with the Data Protection Registrar. Reference Number ZB581989.

These terms are available in the English language only. We will not file a copy of these terms specifically in relation to each user. If we update these terms, the version to which you originally agreed will be available on our website and by request. We recommend you save a copy of these terms for your future reference.

 

COPYRIGHT

Copyright ©2024 The Contractor Compliance Portal Limited. Subject to the express provisions of these terms; we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

AVAILABILITY

We shall endeavour to make the services available 24 hours a day, seven days a week, except for planned maintenance, and any unscheduled maintenance provided we have used reasonable endeavours to give you notice in advance.

We cannot guarantee that the services will be uninterrupted or error-free, or that the services, will meet your requirements, or the services will be free from vulnerabilities. It is your responsibility to ensure that your computer is virus protected. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

This websites content, including the information, names, images, pictures, logos and icons regarding or relating to The Contractor Compliance Portal and its products and services, is provided ‘as is’ and on an ‘is available’ basis without any representations or any kind of warranty made, whether express or implied by law, to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, security and accuracy.

 

ACCURACY AND VALIDITY

The features of our website services shall be as specified on our website at the time of your registration. We may at any time add additional features, remove additional features after they have been added, and alter, remove or replace any features.

We shall maintain the availability of our website services to you at the gateway between the public internet and the network of our hosting services provider but do not guarantee 100% availability.

Downtime caused directly or indirectly by an event, or series of events, a fault or failure of the internet or any public telecommunications network or of our hosting infrastructure services provider, unless such fault or failure constitutes an actionable breach of the contract between us and that company, a fault or failure of your computer systems or networks or internet connection, any breach by you of these terms, emergency maintenance, or anything that is outside our reasonable control or scheduled shall not constitute a breach of these terms.

 

CONTENT

All intellectual property rights in the materials in or on the website including, but not limited to, designs, data, text, images, trademarks or trade names, graphics, website layout and ‘look and feel’, and any underlying databases remain the property of The Contractor Compliance Portal Limited unless otherwise indicated.

No part of the content of the website may be incorporated into or stored in any other website or other work in any form without our permission. You may not download the website, or parts of the website, to any storage device of any means. You may not publish, distribute, copy, modify, transmit or reproduce in any form the information and materials on the website without our permission.

 

LINKS TO OTHER WEBSITES

The website may from time to time contain links to other internet websites. These links are provided solely for the convenience of users of our website, and we are not responsible for the content of third-party websites, nor for the way in which information about their users is treated.

We make no warranties, representations or undertakings about and take no liability whatsoever, without limitation, for any liability arising out of any allegation that the content of any other website is misleading, inaccurate, defamatory or otherwise infringes any law or the rights on any person or entity, nor for any website referred to or accessed through this website.

 

USER ACCOUNT

You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you. You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

If you register for an account with our website, you must be at least 16 years of age. When you register you will be asked to choose a password, which you must keep confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and you will be held liable for any losses arising out of such a failure.

We may suspend your account, cancel your account and/or edit your account details at any time in our sole discretion without notice or explanation. You may request that we cancel your account on our website by notifying us in writing, and we will close your account promptly following the receipt of such a request.

 

LICENCE

By agreeing to these terms we grant that you may view and print pages from our website in a web browser, download pages from our website for caching in a web browser. We further grant that you may undertake IR35 assessments and generate Status Determination Statements (SDS) to be downloaded, printed and saved though the relevant section of the website.

Where our website is used during a business or other organisational project, then by doing so you bind both yourself and the person, company or other legal entity that operates that business to these terms.

 

OUR OBLIGATIONS

We will provide that the services will be performed with reasonable skill and care. The undertaking of this section shall not apply to the extent of any non-conformance which is caused by use of the services contrary to our terms, instructions, or modification or alteration of the services by any party other than us. If the services do not conform with this undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in this section.

All information provided to the website, including during an IR35 assessment, will be accurate and complete, and to the extent that the assessment relates to you, the conclusion set out in the resultant Status Determination Statement (SDS) will not be obviously wrong. Such conclusion will be only considered to be obviously wrong if no reasonable IR35 expert would have reached the same or a similar conclusion.

 

YOUR OBLIGATIONS

You shall provide us with all necessary co-operation in relation to this agreement and in order to provide the services, without affecting your other obligations under these terms, comply with all applicable laws and regulations with respect to its activities under these terms, carry out all other responsibilities set out in these terms in a timely and efficient manner, and adhere to all instructions, guidelines, and or working practices issues by us, from time to time.

You must not use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal or causes damage or injury to any person or property.

You shall not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the services, or introduce or permit the introduction of, any virus or vulnerability into our network or information systems.

You must not use our website that is in any way or take action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing, or violate the directives set out in the robots.txt file for our website. You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). You must not make any alteration to our website, nor conduct or request that any other person conduct any load testing or penetration testing on our website. You must not attempt to gain unauthorised access to our website or its related systems or networks, or access or use our website to provide a product or service that is in any way competitive with our website services.

You must not download, save or print any material from our website except as expressly permitted under these terms. You may only use our website for your own business purposes, and you must not use our website for any other purposes. You must not edit or otherwise modify any material on our website except as expressly permitted under these terms.

Unless you own or control the relevant rights in the material you must not republish material from our website, including republication on another website, sell, rent or sub-licence material from our website, show any material from our website in public, exploit material from our website for a commercial purpose, or redistribute material from our website, except as expressly permitted under these terms

You shall prevent any unauthorised access to, or use of, the services and in the event of any such unauthorised access or use, promptly notify us. You must not attempt to circumvent or bypass any access restriction measures on our website.

You must not act in any way to bring us into disrepute. You shall be responsible for the accuracy, quality and legality of the content you submit to our website services and how you acquire the content.

You acknowledge that any information or commentary provided on our website or through the services is provided for information purposes only and is not advice and should not be relied on as legal advice. We will not provide any legal, financial, accountancy or taxation advice under these terms or in relation to the services, and, except to the extent expressly provided otherwise in these terms, we do not warrant or represent that the services or the use of the services by you will not give rise to any legal liability on your part or on the part of any other person.

You must ensure that all information supplied to us by you through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

You shall be solely responsible for ensuring that the services meet your requirements, and for your use of our website services and their features, including completing IR35 assessments and generating Status Determination Statements (SDS).

You acknowledge that any IR35 Status Determination Statements (SDS) generated through our services will be invalid if any information provided by you in completing the IR35 assessment is false, inaccurate or incomplete, where there is any change in law or commercial practice affecting IR35 legislation, or where you fail to work in accordance with the working practices declared in the IR35 assessment.

You acknowledge that any IR35 assessments carried out through our website may not always align with assessments carried out by HMRC or any court or tribunal, and it is always possible that they may lead to different results than those carried out through our website. Accordingly, we give no warranty or representation that all Status Determination Statements (SDS) will accord with the decisions and judgments of the tax authorities or the courts.

You acknowledge that we are not responsible for any fees, outstanding taxes or insurance relating to legal action, tribunal or any other process against you from external agencies such as HMRC relating to any IR35 investigations or assessments or where our website gave an IR35 status assessment and/or a Status Determination Statement (SDS).

You must not change, adapt or edit, or remove or obscure any of our branding or logos on any Status Determination Statement (SDS), or create any derivative work using any SDS. We recommend that you keep Status Determination Statements for a period of at least 7 years following the expiry or termination of the relevant contract.

 

BREACHING OF TERMS

Without prejudice to our other rights under these terms, if you breach these terms in any way, or if we reasonably suspect that you have breached these terms in any way we may send you a formal warning, temporarily suspend your account, permanently suspend your account, block your IP address from accessing our website, or commence legal action against you, whether for breach of contract or otherwise. Where we suspend or block your account or IP address, you must not take any action to circumvent such suspension or blocking, including without limitation creating a new account or using a different account to gain access to our website.

 

PRIVACY COMMITMENT

Any personal data which is collected from you on or through the website or where you contact us with comments or questions will be used in accordance with our Privacy Policy.

 

DATA PROTECTION

Both parties will comply with all applicable requirements of the Data Protection Legislation.

We will keep all personal data input into our website by you and your Status Determination Statements (SDS) strictly confidential. We will not disclose the confidential information to any person without your prior written consent, and then only under conditions of confidentiality no less onerous than those contained in these terms. We will use the same degree of care to protect the confidentiality of the confidential information as we use to protect our own confidential information of a similar nature.

We may disclose the confidential information to our officers, employees, professional advisers, insurers, agents, services providers and subcontractors who are bound by a written agreement or professional obligation to protect the confidentiality of the confidential information.

There is no obligation upon us with respect to the confidential information that is known to us before disclosure under these terms and is not subject to any other obligation of confidentiality, is or becomes publicly known through no act or default of ours or is obtained by us from a third party in circumstances where we have no reason to believe that there has been a breach of an obligation of confidentiality.

The terms in this section do not apply when any confidential information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, in or in relation to any court proceedings, or pursuant to disclosure requirements relating to our listing of the stock on any recognised stock exchange.

The provisions of this section shall continue in force indefinitely.

 

LIMITATION OF LIABILITY

You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this website by any third party. Such restriction or inhibition includes, without limitation, conduct that is unlawful, or which may cause distress or inconvenience to any person and the transmission of obscene or offensive content, or disruption of normal flow of dialogue within this website.

In no event will we be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of this website.

We will not be liable to you in respect of any business losses, including without limitation, loss of or damage to profits, revenue, use, production, business, anticipated savings, contracts, goodwill or commercial opportunity.

We will not be liable to you in respect of any loss or corruption of any database, software or data.

We do not warrant that the functions contained in the material contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials.

Furthermore, we shall have no liability to you under this agreement if it is prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lockouts or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil

commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you notified of such an event and its expected duration.

We will not be liable to you in respect of any tax liabilities, related losses, costs, expenses or damages resulting from a judgement, notice, decision or order from HMRC or any court or tribunal that IR35 applies or does not apply to a contract which is the subject of a Status Determination Statement (SDS). We will also not be liable to you in respect of any tax liabilities arising out of any settlement agreement with HMRC.

 

INDEMNITIES

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or our website services or any breach by you of any provision of these terms.

You hereby indemnify us and undertake to keep us indemnified against any claims, liabilities, losses, costs and expenses, including legal expenses and amounts paid in settlement of claims, arising directly or indirectly out of the reliance placed by you, or, any third party, on any Status Determination Statement (SDS) or other output of the services, including reliance in relation to any decision to engage or not engage you.

 

ENFORCEABILITY

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

 

VARIATION

We may revise these terms from time to time. We will give you written notice of any revision of these terms, and the revised terms will apply to the use of our website from the date that we gave such notice. If you do not agree with the revised terms, you must stop using our website immediately. Where you have given your express agreement to these terms, we will ask for your express agreement to any revision of these terms. If you do not give your express agreement to the revised terms within the timeframe, we specify we will disable your account and you must stop using the website.

 

GOVERNING LAW

These terms shall be governed by and construed in accordance with the laws of England & Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England & Wales.

 

ACT OF PARLIAMENT

Any reference to an Act of Parliament within the policy shall include an amending or replacing Act, and include equivalent legislation in Scotland, Northern Ireland, the Channel Islands, the Isle of Man.

 

TRANSFER

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 these terms.

 

ASSIGNMENT

This service is between and binding upon us and you and their respective successors in title, but this service may not otherwise be assigned by you without our prior written consent.

 

THIRD PARTY RIGHTS

Unless expressly stated in anywhere on the website or the insurance, nothing on the website or the insurance will create any rights in favour of any person pursuant to the Contracts (Right of Third Parties) Act 1999.

 

CONTACTING YOU

If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.

 

CONTACTING US

If you need to contact us about the service, you received please contact us.

Post: The Contractor Compliance Portal Limited, Jason Works, Clarence Street, Loughborough, Leicestershire, LE11 1DX.

Email: portal@contractor-compliance.co.uk

Phone: 01509 380 040

Website: http://www.contractor-compliance.co.uk/

We may record and monitor calls.

 

CHANGES TO OUR TERMS OF USE POLICY

We keep our Terms of Use Policy under regular review. This policy was last updated on 22nd July 2024. Historic versions can be obtained by contacting us.