The agreement for eValidate, a validation service of the Etellect group. It covers the services on this site, the Etellect Enterprise SLA, and the third-party data those services use.
Last updated 2 November 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Etellect Ltd (etellect.com), trading as eValidate, a service of the Etellect group ("Etellect," "we," "us," or "our"), governing your access to and use of the eValidate web services, APIs, and data products (collectively, the "Services").
By accessing or using our Services, registering for an account, or clicking "I Accept" or similar acknowledgment, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" shall refer to such entity.
Words and expressions used in Section 9 and defined in Section 9.1 have the meanings given there.
Etellect provides the following validation services on eValidate. Sister services in the Etellect group are supplied only where these Terms say so, and otherwise under that service's own terms.
Real-time validation of UK sort codes and account numbers using BACS-approved modulus algorithms, including:
A technical gateway that sends the Customer's name-verification requests to the payment service provider holding the account, and returns that provider's response unchanged. Match results are produced by the responding payment service provider, not by Etellect. See Section 9.3.4. The returned status may be Full Match, Close Match, No Match, or Unavailable. The Customer uses that result when deciding whether to make, or continue with, a payment.
The CoP Gateway Service is a real-time transactional service. Etellect cannot store the account information entered through the API. Etellect does store the transaction usage for billing purposes. That usage record does not include the account information entered through the API. See Section 9.11.1.
CoP web service: The only way to consume the Confirmation of Payee (CoP) web service is to sign up for an Etellect Enterprise SLA. You only need one Enterprise SLA in force across all Etellect services. It provides a 100% uptime guarantee on eValidate infrastructure. CoP is for use within the Customer's organisation only and cannot be resold to third parties. See Sections 6.4 and 7.7. The BACS bureau benefit of that same SLA is an eSortcode service and is described in the eSortcode terms, not in these Terms.
Modulus checks can return bank and branch reference data drawn from the Extended Industry Sort Code Directory (EISCD). That data is licensed as described in Section 4. eValidate does not sell EISCD file extracts. Where Etellect supplies an EISCD file extract, it does so as eSortcode under the eSortcode terms.
RESTful API endpoints providing programmatic access to the eValidate services with:
eValidate does not provide a BACS bureau. Submission of Direct Debit and Direct Credit files to the BACS network is an eSortcode service. Where the Customer holds one Etellect Enterprise SLA, any BACS bureau benefit is supplied under the eSortcode terms, including the customer's duty to verify account information, to complete full KYC when signing individuals up to pay or receive money through BACS, and not to resell that service.
UK postcode and address lookup for capture and autocomplete, including a full postcode lookup, type-ahead, and the address lines returned for a match. Address data is drawn from the Royal Mail Postcode Address File (PAF). Etellect Ltd is an authorised Royal Mail partner for PAF. By using postcode lookup you agree that:
Address data reflects the Royal Mail update Etellect has applied. New, changed, and demolished addresses appear when Royal Mail includes them and Etellect has applied that update.
Card validation checks a payment card, matches a billing address (AVS), returns fraud signals, and can take a fractional authorisation, a small payment the customer can recognise later. It is supplied on eValidate using ePayment card services. It confirms the card, the scheme and issuer signals, an AVS address match, and fraud signals. It is not a contract to take payment for goods, and it does not make Etellect the card acquirer. You must comply with the card scheme rules that apply to any authorisation you request. eValidate does not store the full card number.
Email validation returns signals about an email address, including syntax, domain, whether it appears deliverable, and whether it is a disposable address. A result is not a guarantee that a message will be delivered, or that a person owns the address. You must have a lawful basis to submit the address.
Mobile validation returns signals about a mobile number, including format and whether it appears valid and reachable on a network. A result is not a guarantee that a message will be delivered, or that a person owns the number. You must have a lawful basis to submit the number.
OTP SMS sends a one-time password by text message to a number you submit, and can check the code that is returned. You must have a lawful basis to send the message, including any consent the Privacy and Electronic Communications Regulations require. You are responsible for the message content. The service is for verification. It is not for unsolicited marketing.
Identity validation supplies the checks you configure for a person. Those checks may include CIP data, document signals, screening (including PEP and sanctions where you select that check), and ownership checks, as described on the identity validation page. You are the controller of the personal data you submit. A result is a check against the sources used for that call. It is not a legal determination that a person has passed KYC or customer due diligence.
Company validation returns Companies House information about a UK company, its officers, and persons with significant control, where Companies House makes that information available. The registry is the source. A result is not a guarantee of solvency, good standing, or that a person named in the record is suitable to contract with. Companies House data is subject to the Companies House terms that apply to that data.
KYC Workflow hosts a journey you configure. You send the person a link. They complete the checks you selected from the eValidate services. eValidate can notify your systems, including by webhook, so you can collect the result. You decide which checks are required, and you remain responsible for your own KYC and customer due diligence decision.
The KYC and customer due diligence pages on this website explain how the checks can be used. They are not a separate billed API, and they are not legal advice. The checks you buy are the services in Sections 3.6 to 3.13.
This section applies to EISCD data used to provide bank validation on eValidate. It is not a sale of EISCD file extracts.
Etellect Ltd is an authorized distributor of the Extended Industry Sort Code Directory (EISCD), which is maintained and provided by Vocalink Limited, a Mastercard company. The EISCD is a comprehensive database of payments-related information for financial institutions participating in the United Kingdom's:
As a Vocalink partner, Etellect has been granted the rights to:
On eValidate those rights are used to return bank and branch information with a modulus check. They do not give the Customer an EISCD file extract.
Customer acknowledges and agrees that:
While Etellect and Vocalink endeavor to maintain the accuracy and currency of EISCD data:
To access the Services, you must:
You are responsible for:
API keys are sensitive credentials that must be:
Subject to these Terms and payment of applicable fees, Etellect grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
You shall not:
If you wish to resell, white-label, or incorporate the Services into commercial offerings provided to third parties, you must:
Please contact info@evalidate.io for reseller inquiries.
Exception — Confirmation of Payee: Notwithstanding the foregoing, the Confirmation of Payee Service cannot be resold, white-labelled, sublicensed, redistributed, or otherwise provided to third parties under any circumstances. Reseller or partner arrangements do not extend to that service. The BACS bureau is not an eValidate service. Where the Customer uses that bureau, the eSortcode terms prohibit resale.
CoP web service. The only way to consume the Confirmation of Payee (CoP) web service on eValidate is to hold an active Etellect Enterprise SLA. The CoP web service is not available on a standard prepaid account. CoP is for use within the Customer's organisation only and cannot be resold to third parties.
One Enterprise SLA. The Enterprise SLA is an Etellect Enterprise SLA. You only need one in force across all Etellect services to benefit from it. It is valid for all Etellect Group products. The price is £99 + VAT per month or £990 + VAT per year.
BACS bureau. eValidate does not provide the BACS bureau. Where that same Enterprise SLA includes a BACS bureau benefit, the benefit is supplied under the eSortcode terms. Those terms require the Customer to verify that account information matches the bank account, to complete full KYC when signing individuals up to pay or receive money through BACS, and not to resell the bureau.
Legitimate reason and obligations. By signing up for an Enterprise SLA in order to consume the CoP web service, the Customer represents, warrants, and undertakes that:
Etellect may suspend or terminate access to the CoP Service immediately if the Customer breaches this Section 6.4, including if Etellect reasonably believes that the Customer does not have a legitimate reason for CoP access or that the service is being used outside the Customer's organisation or resold to third parties.
Important Note: This standard SLA applies to our regular service. Customers requiring higher availability should consider our Enterprise SLA which offers a 100% uptime guarantee with duplicated infrastructure, additional API endpoints, and enhanced support.
For standard service customers, Etellect commits to maintaining a 99.9% monthly uptime guarantee for the Services, calculated as follows:
Monthly Uptime % = (Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100
Example: For a 30-day month (43,200 minutes), 99.9% uptime allows up to 43 minutes (0.72 hours) of downtime.
"Uptime" means the Services are operational and accessible via the API. "Downtime" means:
The following do not count as Downtime:
In addition to uptime guarantees, Etellect targets the following performance metrics:
Service Credits Apply to Enterprise SLA Customers Only
The service credit tiers below are only available to customers with an active Enterprise SLA subscription (£99+VAT/month flat rate). Credits are applied as a percentage of both the monthly Enterprise SLA subscription fee (£99+VAT) and the monthly usage charges in the month that experiences the outage. Uptime is measured monthly, not annually. Standard pay-as-you-go customers are not eligible for service credits.
If Monthly Uptime (measured within the calendar month) falls below the Enterprise SLA guarantee, Enterprise customers may claim service credits as follows:
| Monthly Uptime % | Max Downtime per Month | Service Credit |
|---|---|---|
| 99.5% - 99.89% | 48 minutes - 3 hours 36 minutes | 10% of £99 subscription + 10% of monthly usage |
| 99.0% - 99.49% | 3 hours 40 minutes - 7 hours 12 minutes | 25% of £99 subscription + 25% of monthly usage |
| 95.0% - 98.99% | 7 hours 16 minutes - 36 hours | 50% of £99 subscription + 50% of monthly usage |
| Below 95.0% | More than 36 hours (1.5 days) | 100% of £99 subscription + 100% of monthly usage |
Enterprise SLA Service Credit Procedures:
Note: Standard pay-as-you-go customers operate under a 99.9% uptime target but are not eligible for service credits. For guaranteed uptime with financial compensation, please upgrade to our Enterprise SLA.
Etellect maintains internal monitoring systems and publishes:
Etellect Enterprise SLA: This is one agreement for the Etellect group. You only need one in force across all Etellect services. It is valid for all Etellect Group products, so you can benefit from expert support and service without compromise. On eValidate it is the only way to consume the Confirmation of Payee web service, and it provides a 100% uptime guarantee for the eValidate services in these Terms. Any BACS bureau benefit of the same subscription is supplied under the eSortcode terms.
For mission-critical applications requiring higher availability, Etellect offers an Enterprise SLA with:
Enterprise SLA is available as an add-on with flexible payment options:
Service coverage on eValidate: One Etellect Enterprise SLA covers the eValidate services in Section 3, including postcode lookup, modulus checking, the Confirmation of Payee web service, card validation, email validation, mobile validation, OTP SMS, identity validation, company validation, and KYC Workflow. The CoP web service can be consumed only with an active Enterprise SLA. EISCD file extracts are not an eValidate service.
For full details and to add the Enterprise SLA to your account, visit the Enterprise SLA page.
Important: Service Dependency and Continuity
The provision of eValidate services is subject to Etellect Ltd continuing to be in receipt of the necessary permissions, licences, and access to third-party data and services required to provide a commercially viable service offering.
The services provided by eValidate depend on the following:
If Etellect cannot continue to provide access to the data, services, or partnerships necessary to deliver a commercially viable and properly licensed service offering, Etellect reserves the right to discontinue the service without further notice for any reason whatsoever, including but not limited to:
Refund Eligibility Depends on Service Level
Enterprise SLA Customers:
Standard SLA Customers:
By using the Services, Customer acknowledges and accepts that:
Note: This clause does not affect Customer's statutory rights under applicable consumer protection laws. Where Etellect voluntarily ceases to provide services for reasons within its control (rather than due to loss of third-party access or permissions), Etellect will use reasonable efforts to provide advance notice and may consider discretionary refund arrangements on a case-by-case basis.
Unless an Etellect Enterprise SLA is in force and usage is billed monthly in arrears, eValidate services are funded from a prepaid sterling balance. Each call draws that balance down at the unit rate for that service. The services and the way the balance works are described on the pricing page. Volume rates on that page apply to the service they name. They are not the eSortcode modulus, CoP, or bureau prices, and they are not an EISCD file-extract price.
Current eValidate rates are published at the pricing page.
We accept:
A prepaid balance does not expire, subject to the inactivity rule in this section. Accounts with no API activity for 12 consecutive months may have an unused balance forfeited. Active accounts retain the balance.
Etellect reserves the right to modify pricing with 30 days' written notice. A price change does not reduce a sterling balance already paid for. That balance continues to be drawn at the unit rates in force when it was added.
All fees are exclusive of taxes. Customer is responsible for all applicable taxes, duties, and government charges.
In this Section 9:
Etellect's processing of Personal Data as a Controller is described in our Privacy Policy. The Privacy Policy is for information and does not form part of the Customer's instructions to Etellect as Processor.
The Customer is the Controller of Customer Personal Data, including names, sort codes, account numbers, addresses, email addresses, mobile numbers, company details, identity details and any other data submitted to the Services through the API or Portal. eValidate does not provide a BACS bureau. Where the Customer uses the eSortcode BACS bureau, the customer remains controller of that payment data under the eSortcode terms.
Etellect processes Customer Personal Data as the Customer's Processor in order to provide the Services.
Etellect is an independent Controller of Customer account information, contact details of the Customer's personnel, billing and payment data, and data needed to administer the contract. That processing is governed by the Privacy Policy and not by Sections 9.4 to 9.11.
For the Confirmation of Payee and Confirmation of Payer services (together, the "CoP Gateway Service"):
eValidate does not submit payment files to Bacs. Where the Customer uses the eSortcode BACS bureau, the Bacs scheme operator and the participating banks process that payment data as independent Controllers under the Bacs scheme rules. They are not Etellect's Sub-processors for the eValidate services. Card-validation checks are passed to ePayment. eValidate does not store the full card number.
If this Section 9 conflicts with any other part of these Terms on the processing of Personal Data, this Section 9 prevails.
Etellect will process Customer Personal Data only on the Customer's documented instructions, including on transfers outside the United Kingdom, unless the law requires otherwise. In that case, Etellect will tell the Customer of that legal requirement before processing, unless the law prohibits Etellect from doing so on important grounds of public interest.
The Customer instructs Etellect to process Customer Personal Data to:
These Terms, the Customer's configuration and use of the Services, and any further written instructions agreed by the parties are the Customer's complete instructions.
Etellect will tell the Customer immediately if, in its opinion, an instruction infringes Data Protection Legislation. Etellect may suspend processing under that instruction until the Customer confirms or changes it.
Etellect will ensure that everyone authorised to process Customer Personal Data is bound by a duty of confidentiality, has access only as needed for their role, and has had appropriate data protection training.
Etellect will implement and maintain appropriate technical and organisational measures to protect Customer Personal Data, as required by Article 32 UK GDPR, including the measures in Annex 2. Etellect may update those measures as long as the overall level of protection is not materially reduced.
Taking into account the nature of the processing, Etellect will assist the Customer with appropriate technical and organisational measures, as far as possible, to respond to requests from Data Subjects exercising their rights under Chapter III UK GDPR. If Etellect receives a request directly, it will promptly pass it to the Customer and will not respond except to direct the Data Subject to the Customer, unless the law requires otherwise.
Taking into account the nature of the processing and the information available to it, Etellect will provide reasonable assistance to the Customer in meeting its obligations under Articles 32 to 36 UK GDPR, including on security, Personal Data Breach notification, data protection impact assessments, and prior consultation with the Information Commissioner's Office or any other Supervisory Authority.
Etellect will keep the records of processing required by Article 30(2) UK GDPR.
Etellect will provide the assistance in Sections 9.5.3 and 9.5.4 at no extra charge.
The Customer gives Etellect general written authorisation to engage Sub-processors, on the terms of this Section 9.6.
Annex 3 describes the processing each Sub-processor carries out and where it processes data. It does not publish Sub-processor names. A Sub-processor's name, and any other commercially sensitive information about Sub-processors, is available on request by email to dpo@etellect.com only while an Enterprise SLA agreement is in place. A Customer without an Enterprise SLA in force does not receive that information.
Etellect will give the Customer at least 30 days' notice before adding or replacing a Sub-processor, by email to the Customer's registered account contact. The notice describes the processing and the location. The Sub-processor's name is included only where an Enterprise SLA agreement is in place. The Customer may ask to receive those updates by emailing dpo@etellect.com.
If Etellect needs to replace a Sub-processor urgently to keep the Services secure or available (for example, because a Sub-processor fails or breaches its obligations), Etellect may do so straight away. It will give notice as soon as reasonably practicable, and the Customer will still be able to object under Section 9.6.5.
The Customer may object to a new Sub-processor on reasonable grounds relating to data protection, by emailing dpo@etellect.com within 30 days of notice. The parties will discuss the objection in good faith. Etellect may, at its option, offer a commercially reasonable alternative, such as a configuration that avoids the new Sub-processor.
If the objection is not resolved within 30 days of being raised, the Customer may terminate the affected Services by written notice. In that case, despite Section 14.4, Etellect will refund on a pro-rata basis (a) any unused prepaid balance for the affected Services, and (b) any prepaid Enterprise SLA fees covering the period after termination. Termination and refund under this Section 9.6.6 are the Customer's only remedy for an unresolved objection.
Etellect will put a written contract in place with each Sub-processor that imposes the same data protection obligations as this Section 9, in particular sufficient guarantees of appropriate technical and organisational measures, as required by Article 28(4) UK GDPR.
Etellect remains liable to the Customer for each Sub-processor's performance of its data protection obligations as if they were Etellect's own, subject to Section 9.13.
Etellect processes and stores Customer Personal Data only in the United Kingdom, on infrastructure that Etellect manages itself, including backups. Etellect's Sub-processors process Customer Personal Data only in the United Kingdom.
Etellect will not make, or allow a Sub-processor to make, a Restricted Transfer unless it has given notice under Section 9.6.3 and the transfer complies with Chapter V UK GDPR, for example through:
Where the EU GDPR applies, Etellect will make sure any onward transfer complies with Chapter V EU GDPR.
The Customer may ask Etellect for a copy of the relevant transfer safeguards. Commercial terms may be redacted. Where those safeguards identify a Sub-processor, Section 9.6.2 applies.
Etellect will notify the Customer without undue delay, and where feasible within 24 hours, after becoming aware of a Personal Data Breach affecting Customer Personal Data.
As far as it is available, Etellect will give the Customer:
Where not all of this information is available at once, Etellect may provide it in stages without undue further delay.
Etellect will take reasonable steps to contain, investigate and fix the breach and prevent it happening again. It will cooperate with the Customer and keep the Customer updated on progress. It will also document every Personal Data Breach affecting Customer Personal Data and make those records available to the Customer on request.
Notifying or responding to a Personal Data Breach is not an admission of fault or liability by Etellect.
The additional information in this Section 9.9, including further information about Etellect's data protection policies, is available only while an Enterprise SLA agreement is in place. A Customer without an Enterprise SLA in force does not have these information or audit rights. Audits under this Section 9.9 are remote only. On-site audits are not available.
While an Enterprise SLA is in force, and on request under confidentiality obligations, Etellect will make available the information reasonably needed to demonstrate compliance with Article 28 UK GDPR and this Section 9. This includes Etellect's current ISO 27001 and ISO 9001 certificates, its ISO 27001 statement of applicability, its Cyber Essentials certificate, and further information about Etellect's data protection policies.
While an Enterprise SLA is in force, Etellect will allow, and contribute to, audits and inspections by the Customer or an independent auditor appointed by the Customer, where:
Audits under Section 9.9.2:
The Customer will:
Customer Personal Data in API requests is processed in real time and not permanently stored. Request logs containing Customer Personal Data are kept for security, debugging, support and audit purposes for:
The CoP Gateway Service is a real-time transactional service. Etellect cannot store the account information entered through the CoP API, including the name, sort code, account number, account type, any secondary reference, or any name returned in the response. The request-log periods above do not apply to that account information. Etellect does store the transaction usage for billing purposes. The usage record shows that a transaction took place so it can be billed. It does not include the account information entered through the API.
eValidate does not keep BACS bureau mandate or submission records. Where the Customer uses the eSortcode BACS bureau, those records are kept under the eSortcode terms for the period required by the Bacs scheme rules and by UK law.
When the Services end, Etellect will, at the Customer's choice, delete or return all Customer Personal Data within 30 days, and delete any remaining copies. If the Customer does not choose within 30 days of termination, Etellect will delete the data. Etellect may keep Customer Personal Data only where UK law requires it to. Any data kept will remain subject to this Section 9 and will be processed only for the purpose for which the law requires it to be kept.
The Customer instructs Etellect to anonymise Customer Personal Data so that no individual can be identified, and to combine it with other data into aggregated statistics, for service improvement, capacity planning and analytics. Once data is anonymised, it is no longer Personal Data, and Etellect may keep and use it without time limit. Etellect will not try to re-identify any individual from anonymised data.
Customer Personal Data is stored in ISO 27001-certified data centres in the United Kingdom, subject to Section 9.7.
Etellect's Data Protection Officer can be contacted at:
Data Protection Officer
Email: dpo@etellect.com
Etellect Ltd, Merlin House, 20 Mossland Road, Hillington Park, Glasgow, G52 4XZ
Etellect's supervisory authority is:
Information Commissioner's Office (ICO)
Website: ico.org.uk
Telephone: 0303 123 1113
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Each party will indemnify the other against claims, fines, losses, costs and expenses arising from its breach of this Section 9 or of the Data Protection Legislation, except to the extent the other party caused or contributed to them.
The indemnity in Section 9.13.1, and any other liability arising from this Section 9, is subject to Section 13. Etellect's total aggregate liability shall not exceed the greater of the fees paid by the Customer in the 12 months preceding the claim, or £500 (five hundred pounds sterling), except where Section 13.3 applies or the law does not allow a limit.
Section 13.1 (exclusion of indirect and consequential loss) applies to this Section 9. Section 13.3 also applies, so nothing limits liability that cannot be limited by law.
Nothing in these Terms limits a Data Subject's rights against either party under Article 82 UK GDPR.
Etellect may update this Section 9 and the Annexes:
In either case, Etellect will give at least 30 days' notice by email to the registered account contact, unless the law requires the change to take effect sooner.
Any other change to this Section 9 needs the Customer's agreement. If the Customer does not agree to a change under Section 9.14.1 that materially affects it, the Customer may terminate the affected Services before the change takes effect, and Section 9.6.6 will apply to refunds.
Sub-processor changes are governed by Section 9.6, not by this Section 9.14.
| Subject matter | Providing the eValidate services in Section 3, including postcode lookup, bank validation, card validation, email and mobile validation, OTP SMS, identity validation, company validation, and KYC Workflow. |
|---|---|
| Duration | The term of the Services, plus the retention periods in Section 9.11. |
| Nature of processing | Receiving, validating, comparing, transmitting, logging, storing (for a limited time), anonymising and deleting data. For the CoP Gateway Service, comparing and the match result are carried out by the Responding PSP, not by Etellect. Account information entered through the CoP API is not stored. Transaction usage is stored for billing. |
| Purposes | Modulus checking of sort codes and account numbers, including bank and branch reference data. Sending Confirmation of Payee and Confirmation of Payer requests to Responding PSPs and returning their responses (CoP Gateway Service, Section 9.3.4). Postcode and address lookup. Email and mobile validation. OTP SMS. Identity and company validation. Card validation, with the full card number not stored. Hosting the KYC Workflow the Customer configures. Security and fraud prevention. Support and troubleshooting. Anonymised statistics. eValidate does not process BACS bureau payment files. |
| Types of Personal Data | Account holder names (individuals and businesses). Sort codes and account numbers. Postcodes and addresses. Email addresses and mobile numbers. Company names and numbers. Identity details the Customer submits for a check. Card details passed for a validation check (the full card number is not stored). Timestamps and transaction identifiers. IP addresses and API access metadata. Any other data the Customer submits for a service in Section 3. |
| Special category data | None intended. The Customer must not submit special category or criminal offence data. |
| Data Subjects | Payees and payers. Bank account holders. Individuals doing business with the Customer. Employees and representatives of business entities. |
| Sub-processor | Processing activity | Location |
|---|---|---|
| Connectivity provider. The name is available on request only while an Enterprise SLA agreement is in place. | Connection to Responding PSPs for the CoP Gateway Service. eValidate does not use this connection to submit BACS bureau files | United Kingdom |
Etellect hosts the Services and their backups on UK infrastructure that it manages itself. No third-party hosting or backup provider processes Customer Personal Data.
The following are not Sub-processors, and are not listed above:
You agree not to:
To ensure fair usage and system stability:
Violation of this Acceptable Use Policy may result in:
Etellect and its licensors (including Vocalink) retain all rights, title, and interest in:
Customer retains all rights to data submitted to the Services. Etellect does not claim ownership of customer data but requires a license to process it for service delivery.
Any feedback, suggestions, or ideas provided to Etellect become our property and may be used without compensation or attribution.
Etellect warrants that:
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
The Services provide technical validation only and do not constitute financial, legal, or professional advice. Validation results should be used as one factor in decision-making processes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETELLECT SHALL NOT BE LIABLE FOR:
ETELLECT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:
Nothing in these Terms limits liability for:
Customer shall indemnify, defend, and hold harmless Etellect from claims arising from:
These Terms commence when you first access the Services and continue until terminated by either party.
You may terminate at any time by:
We may suspend or terminate your access immediately if:
Upon termination:
These Terms are governed by the laws of Scotland, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Scotland.
Etellect may modify these Terms at any time by:
Continued use of Services after modifications constitutes acceptance of updated Terms. If you disagree, you must cease using Services.
Changes to Section 9 (Data Protection) are made only in accordance with Section 9.14.
These Terms, together with any executed service agreements, constitute the entire agreement and supersede all prior understandings. The Privacy Policy describes Etellect's processing as a Controller. It is for information only. It does not form part of the Customer's instructions to Etellect as Processor, and it does not form part of these Terms except as stated in Section 9.2.
If any provision is found unenforceable, the remaining provisions continue in full force and effect.
Failure to enforce any provision does not constitute a waiver of future enforcement.
You may not assign these Terms without our prior written consent. Etellect may assign these Terms at any time.
Neither party is liable for delays or failures due to events beyond reasonable control, including natural disasters, war, terrorism, strikes, or government actions.
Notices must be sent to:
Etellect Ltd
Email: legal@etellect.com
Registered Address:
Merlin House, 20 Mossland Road
Hillington Park, Glasgow
Scotland, G52 4XZ
Services may not be exported or re-exported to countries subject to UK or international sanctions.
Vocalink Limited is an express third-party beneficiary of these Terms with respect to EISCD data provisions. Royal Mail Group Ltd is an express third-party beneficiary of Schedule 1.
Important Notice: The following terms are mandated by Royal Mail Group Ltd as a condition of accessing PAF® Data through the eValidate postcode lookup. By using our Services, you agree to be bound by these Royal Mail PAF End User Terms in addition to our main Terms of Service. Royal Mail is a third-party beneficiary of these terms and may enforce them directly against you.
End Users may freely use PAF® Data in Solutions in accordance with these End User Terms.
End Users must not make copies of PAF® Data except as permitted by these End User Terms or reasonably necessary for back-up, security, business continuity and system testing purposes.
End Users may use PAF® Data for Data Extraction but Extracted Data:
End Users may provide Cleansed data to third parties provided that:
End Users must not permit access to, display or communicate to the public any Solutions, except for the purposes of capturing or confirming address details of third parties.
Except as set out in these End User Terms, End Users must not:
End Users may provide PAF® Data to their subcontractors who may use it to the extent necessary for:
in each case for the End User's own business purposes and not those of the sub-contractor and provided that each such sub-contractor agrees to observe the restrictions on use of PAF® Data contained in these End User Terms and that the End User is responsible for any breaches of those terms by such sub-contractor.
End User rights are personal, limited and non-transferable.
The End User acknowledges that Royal Mail is the owner of the intellectual property rights in PAF® Data and the PAF® brand and it does not acquire and is not granted any rights to use those intellectual property rights other than as set out in these End User Terms.
End Users must cease use of PAF® Data if their right to use PAF® Data is terminated and also destroy any copies of PAF® Data they hold.
End Users must ensure that:
Definitions:
The capitalized terms used in this Schedule (such as "Solutions," "PAF® Data," "Users," "Data Extraction," "Extracted Data," "Cleansed data," "Bureau Service," "Bureau Customers," and "Substantially All Databases") have the meanings assigned to them in Royal Mail's PAF Licensing Agreement. For clarity on any terms, please contact legal@etellect.com.
Enforcement: Breach of these Royal Mail PAF End User Terms constitutes a material breach of our Terms of Service and may result in immediate account termination. Royal Mail Group Ltd, as a third-party beneficiary, may also enforce these terms directly against you and seek legal remedies for any violations.
If you have questions about these Terms of Service or require clarification on any provisions, please contact us:
Etellect Ltd (trading as eValidate, part of the Etellect group)
Company information for the Etellect group is published at etellect.com.
Company Registration Number: SC204571
Registered in Scotland
Registered Office: Merlin House, 20 Mossland Road, Hillington Park, Glasgow, Scotland, G52 4XZ
ISO 27001, ISO 9001 and Cyber Essentials certified