1. About Us
These Terms of Use ("Terms") govern your access to and use of the services provided by Facecheck Limited (company number 12468906), trading as Fit for Work ("we", "our", "us"). We provide a software-as-a-service (SaaS) platform that enables workers to submit identity, location, health and safety and wellbeing data to support workforce health, safety and compliance (the "Service"). By using our Service, you agree to be bound by these Terms.
2. Ordering and Access
2.1 Access to the Service is granted only upon acceptance of a valid order submitted by an authorised representative of your organisation (the "Client"). A contract is formed only upon our written confirmation and receipt of payment.
2.2 We reserve the right to decline any order at our discretion.
2.3 You acknowledge that in entering into this Agreement you have not relied on any representations, warranties, or statements other than those expressly set out in these Terms.
3. Use of the Service
3.1 The Service may only be used for lawful and authorised purposes. You must not misuse the Service or use it to collect or process any data in breach of applicable laws.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. We shall not be liable for any loss or damage arising from your failure to safeguard access credentials.
3.3 We may suspend access to the Service without liability if we reasonably suspect: (a) a breach of these Terms, (b) use that poses a security or legal risk, (c) activity that may harm our systems or reputation.
3.4 A Fair Usage Policy applies. Excessive usage beyond typical levels (e.g. disproportionate submissions, API calls, or storage) may incur additional fees or suspension, subject to notice.
4. Fees and Payment
4.1 Fees are exclusive of VAT and are payable in advance, unless otherwise agreed in writing. All invoices are due within 14 days of issue.
4.2 We may increase fees with 60 days' prior written notice. Continued use of the Service following such notice constitutes acceptance.
4.3 Failure to pay any amount due may result in suspension or termination of the Service. Interest shall accrue on overdue payments at a rate of 8% per annum above the Bank of England base rate.
5. Term and Termination
5.1 These Terms shall apply from the date of contract formation and continue for the agreed term. Thereafter, the contract will auto-renew for successive 12-month terms unless either party gives at least 30 days’ written notice prior to renewal or at least 30 days’ written notice prior to the date on which any increase in fees is to take effect.
5.2 Either party may terminate the contract immediately upon material breach or insolvency of the other party.
5.3 If you terminate without cause, all fees for the full committed term remain payable.
6. Intellectual Property
6.1 All intellectual property rights in the Service (including software, platform architecture, and data structures) remain our exclusive property.
6.2 You retain ownership of all data submitted through the Service. You grant us a non-exclusive, royalty-free licence to process such data for the purpose of providing the Service and to use aggregated and anonymised data for analytics, service improvement, benchmarking, and marketing.
7. Data Protection
7.1 We act as a data processor for personal data submitted by users on behalf of the Client. You are the data controller and are responsible for compliance with all applicable data protection laws. Personal data will be processed by us in accordance with the Data Protection Agreement dated 6th August 2025].
7.2 We will implement appropriate technical and organisational measures to ensure data security and confidentiality.
8. Confidentiality
8.1 Each party shall keep confidential any proprietary or confidential information disclosed by the other, except where disclosure is required by law or to legal or professional advisers.
8.2 This obligation continues for 3 years following termination of the contract.
9. Indemnities
9.1 You shall indemnify us against all losses, claims, and expenses arising from (a) your breach of these Terms, (b) your misuse of the Service, or (c) any data you upload that infringes third-party rights or breaches law.
9.2 We shall indemnify you against losses arising from any third-party claim that our technology, as provided, infringes intellectual property rights, provided you notify us promptly and allow us to control the defence.
10. Limitation of Liability
10.1 With the exception of liability for breaches of the Data Processing Agreement or data protection legislation which shall be limited to the amount of any fine or penalty imposed by a regulator or court plus associated costs and liabilities including legal fees, each party’s total aggregate liability under these Terms shall be limited to the greater of (a) £5,000 or (b) the total fees paid by you in the twelve months prior to the event giving rise to the claim.
10.2 We shall not be liable for: (a) loss of profits, (b) loss of data, (c) indirect or consequential losses, (d) delays or failures due to Force Majeure Events, or (e) failures of any third-party services or infrastructure, including hosting providers and data processors.
10.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be excluded by law.
11. Force Majeure
11.1 We are not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to pandemics, cyberattacks, utility failures, natural disasters, labour disputes, or regulatory changes.
11.2 During such events, we may temporarily suspend or reprioritise services without breach of contract.
12. Service Levels and Credits
12.1 We aim to maintain 99.5% monthly uptime. Planned maintenance and Force Majeure Events are excluded, but downtime for planned maintenance shall not exceed 0.5% in any month. Planned maintenance to take place between 10pm - 6am, Monday - Friday and anytime on a Saturday or Sunday.
12.2 If uptime falls below the SLA, you may claim service credits equal to 5% of the monthly fee for each full hour of unavailability, capped at 25% of monthly fees.
13. Dispute Resolution
13.1 Parties shall attempt to resolve any dispute through good faith discussions between designated contacts. If unresolved within 30 days, the matter shall escalate to senior management.
13.2 If still unresolved, either party may refer the dispute to the courts of England and Wales.
13.3 The prevailing party in any legal action may recover reasonable legal costs.
14. General
14.1 These Terms are governed by the laws of England and Wales.
14.2 If any provision of these Terms is found invalid, the remainder shall continue in effect.
14.3 No waiver of any breach shall be deemed a waiver of any other breach.
14.4 These Terms constitute the entire agreement between the parties and supersede all prior agreements or understandings.
14.5 We may update these Terms from time to time. We will notify clients of material changes. Continued use of the Service following such notice shall constitute acceptance of the revised Terms.
14.6 Clauses 6 (Intellectual Property), 7 (Data Protection), 8 (Confidentiality), 9 (Indemnities), 10 (Limitation of Liability), and 13 (Dispute Resolution) shall survive termination of this Agreement.
For questions regarding these Terms, contact: support@fitforwork.uk
Last Updated: August 2025