Terms and conditions

Our Website is Feecheckers.com, operated and owned by Fee Checkers Limited, which is registered in England and Wales, with company number 14184541.

We are an online comparison service and digital comparison tool, comparing card processing services and Merchant Cash Advance from Our panel of Third Party Providers (“Panel”), which may be suitable for the relevant Commercial Entity (”Service Offering”). For the sake of clarity, to achieve the Service Offering, We utilise the Commercial Entity’s historic transactional and fee data provided by you to generate card processing comparison costs from Our Panel; based on the Commercial Entity’s historic banking card usage (”Data”). You may provide this Data to Us (i) manually by uploading historical Data, or (ii) by means of digital capture of Data via Our integration partner (details of whom may be provided upon request).

As stated in the Important section of these Terms above, We will not charge you a fee for the Service Offering, but We will receive a commission amount upon successful completion of Facilities between you and a Third Party Provider, from such Third Party Provider.

Your use of the Web and Service Offering is subject to the overall contract. For the avoidance of doubt, the overall contract consists of these Terms, Our privacy policy and Our cookies policy (“Overall Contract”). By accessing and using the Website, you agree to be bound by and to act in accordance with the Overall Contract. If you do not agree to the terms of the Overall Contract, you must not access the Website or the Service Offering. If you act in breach of any provisions contained in the Overall Contract, your right to access and utilise the Website will terminate. We reserve Our rights in this event.

You warrant that your provision of the Data and any application for Facilities does not contravene any other arrangement or contract in place between the Commercial Entity and any third party, whomsoever.

We aim to be as transparent as possible when you utilise Our Service Offering. However, when you apply for Facilities via the Website to a Third Party Provider, you/the Commercial Entity will be subject to the terms and conditions of that of and/or contract with such Third Party Provider and no longer these Terms. For the avoidance of doubt, We will not be responsible for any outcome relating to the Facilities (or application therefor), including, without limitation, changes to the Facilities offered by a Third Party Provider to those offered on the Website. Further, you/the Commercial Entity will require to pass any eligibility criteria set by the Third Party Provider when you have submitted the application for Facilities, before Facilities may be granted by such Third Party Provider to you/the Commercial Entity. Any refusal to grant Facilities by a Third Party Provider shall be a matter between you/the Commercial Entity and the relevant Third Party Provider and not between you/the Commercial Entity and Us

We reserve the right to amend the Terms. Such amended Terms will be effective from the date they are posted on the Website. By continuing to use the Website post any amendment to the Terms, you/the Commercial Entity are accepting the amended Terms.

You must only use the Website acting on behalf of and as authorised by a Commercial Entity to access the Service Offering.

You, acting on behalf of the Commercial Entity must not use the Website:

1. in an unlawful, non commercial or fraudulent manner.
2. to amend or in any way modify or reverse engineer any part of the Website.
Further:
3. You must not share any information from the Website (including, without limitation, any quotes received from a member/members of Our Panel) with respect to your application for Facilities (“Confidential Information") with any other any card providers, whether or not they are on Our Panel, or any other party whomsoever.
4. You must be an authorised party; formally authorised by the Commercial Entity to act on its behalf, with relation to the Service Offering or any application for Facilities and, in any case, a UK resident, over 18 years old.
5. We may contact you by telephone, SMS, email and post about Our other products and services unless you have told Us that you do not want to be contacted in this way. Please read Our privacy policy for more information.
6. By using Our service to apply for Facilities, you acknowledge that you may be contacted by the selected (by you) Third Party Provider by telephone, SMS, email, fax and/ post, in order to consider your application for the particular Facilities applied for.

We do not carry out credit checks on you and/or the Commercial Entity when you use the Website to search for Facilities, on the Commercial Entity’s behalf.

However, Third Party Providers to whom you make an application for Facilities may use external credit reference agencies and credit scoring services to (i) prevent fraud and verify identity (ii) ascertain whether the Commercial Entity is eligible for a particular product or service (Facility) and (iii) ascertain that the Commercial Entity meets their eligibility criteria. The Credit Reference Agency or Fraud Agency may retain a record of your and the Commercial Entity’s information.

You are responsible for ensuring that the information you provide to Us and to any Third Party Provider is true and accurate. Misleading information will be regarded as a breach of these Terms and is likely to lead to a breach of any agreement or arrangement you/the Commercial Entity may enter into with a Third Party Provider. Furthermore, misleading information may also result in the instigation of legal proceedings against you and/or the Commercial Entity.

We are the owner or the licensee of all intellectual property rights in Our Website, and in the content, material and data etc. published on it (“Content”). All such rights are reserved.

For the purposes of this Clause 9 intellectual property rights (“IPR”) means patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

You may print off one copy, and may download one extract, of any page(s) and/or results of any Application from Our Website, each of which constitutes Confidential Information for your and the Commercial Entity’s reference only. Any such Confidential Information, as previously stated at Clause 6.3, above, must not be shared with any third party whomsoever. For the avoidance of doubt, any Confidential Information (including pricing) drawn by you from the Website in respect of any Service Offering, will be valid for 7 days, only. After the 7 day period, you must re-apply for Facilities and destroy any hard copy materials and any other Confidential Information relating to the prior application. For the absolute avoidance of doubt, upon such re-application, the details regarding the Facilities (including, without limitation, the charges/pricing) may be different from any previous application.

You must not modify the paper or digital copies of any Content/Confidential Information you have printed off or downloaded in any way.

You must not use any part of the Content or IPR on Our Website for any purpose, whatsoever; other than applying for Facilities. As stated above, any quotes and/or permitted print outs or downloads, setting out quotes for Facilities shall be valid for 7 days, after which period, they must be destroyed by you. Following such 7 day period, you may re-enter your application for Facilities to Us, if you/ the Commercial Entity wish to re-apply for Facilities. We do not guarantee that the results of such further applications will match any previous applications submitted.

For the avoidance of doubt, all rights in the Website, its name and the IPR are owned by Us, unless otherwise stated.

For the further avoidance of doubt, (a) you shall not “frame” the Website on any other website/webpage available via the Website, (b) you hereby agree that the details of any results, which you may generate from Us by making application for Facilities are fully confidential and must not be disclosed to any person other than authorised members of the Commercial Entity, (c) you shall not (in breach of this Clause) avail yourself or manipulate/alter the details of the Service Offering to seek a more advantageous product, or (d) create a link to any part of Our Website in order to avail yourself and/or the Commercial Entity of a competitor’s (to Us) or a similar party’s service offering similar to the Service Offering.

If you leave the Website to complete an application for Facilities on the website of a Third Party Provider, these Terms will not apply in respect of such application.

Therefore, it is very important that you read that Third Party Provider’s terms and conditions, privacy and cookie policies to make sure you understand and accept them. Please see Clause 4, above.

Where Our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. For the avoidance of doubt, we have no control over the contents of those third party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

We process information and Data about you in accordance with Our privacy policy, which may be accessed by clicking the link on the Website. By using the Website, you consent to such processing and you warrant that all information and Data provided by you to Us is accurate, in all respects.

We aim to ensure that the Content on the Website is accurate. We also try to correct any errors or omissions as soon as We become aware of them. However, We do not guarantee that Content is accurate and error free always. We reserve the right to amend any information displayed on the Website, at any time.

The information on the Website is not intended to be construed as financial or other (including legal) advice. If you think you need financial or other advice, you should take such advice, prior to applying for Facilities via the Website, from an appropriately qualified and independent professional.

You agree that you will be liable to Us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that We may suffer or incur arising out of or in connection with your conduct on the Website and/or your breach of these Terms.

For the avoidance of doubt. we do not accept responsibility or liability for any loss or damage you or the Commercial Entity may incur in the following circumstances:

1. If the information received (either from you or from another relevant party) by a Third Party Provider is incorrect, incomplete or misleading;
2. If the assumptions We make, based on the Data, set against industry standards of the business carried out by the Commercial Entity, are inaccurate or incorrect
3. If your application for Facilities is declined by a Third Party Provider or if the Facilities applied for are unsuitable or unfit for purpose;
4. As a result of any acts or omissions of any Third Party Provider regarding the Facilities being applied for, and/or
5. As a result of your use, or inability to use Our Website.

Further, save as otherwise required by law, in no circumstances will We be liable to you or the Commercial Entity for indirect losses or consequential losses or loss of profits or revenue, loss of contracts or business, loss of goodwill suffered, by you or the Commercial Entity, as a result of Our act or omission or your use of the Website/application for Facilities.

Our liability for direct losses suffered by the Commercial Entity, directly arising as a result of your proper use of the Website, on behalf of the Commercial Entity, shall be limited to £10.

Notwithstanding any provision of this Clause 13, nothing in these Terms shall limit Our liability for (i) death or personal injury arising from Our negligence, (ii) Our fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable legislation.

You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which may be malicious or harmful to Our Website. Further, you must not gain or attempt to gain unauthorised access to the Website, or any server, computer or database connected to the Website.

In the event of any breach of this Clause 14, We shall take all appropriate legal action open to Us, including, without limitation, legal action to recover damages.

We will not be liable for any loss or damage caused by any, technologically, harmful material that may infect your electronic equipment due to your Use of the Website, whatsoever.

We always aim to provide a satisfactory Service Offering to you/the Commercial Entity. If you wish to contact us to discuss about any aspect of Our Service Offering, please write to:

The Director
Fee Checkers Limited
71-75 UXBRIDGE ROAD
LONDON
W5 5SL

Or contact Us at support@feecheckers.com

We will endeavour to provide a prompt reply upon receipt of your correspondence, but, in any case, within 30 days.

If any provision of the Terms is found to be unlawful, invalid or unenforceable, that provision shall be deemed to be removed from these Terms and shall not affect the validity or enforceability of the remaining Terms.

Use of the singular shall include the plural; and vice versa.

No failure or delay by Us in exercising any of Our rights under the Terms shall constitute a waiver of that right; nor will any single or partial exercise by Us of any right preclude any further exercise of any right.

The Terms (including any dispute or claim arising out of or in connection with them), shall be governed by and interpreted in accordance with the laws of England and Wales

All parties submit to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms.