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Terms of Service

Last updated: 7 May 2025

These Customer Terms of Service ("Terms") form a legally binding agreement between BankSearch Information Consultancy Ltd, a private limited company registered in England with a Company Registration Number: 3955592, whose registered address is 1 Violet Close, Rugby, CV23 0UD, United Kingdom ("BankSearch", "we", "us") and the organisation registering for or using our Services ("Customer", "you").

"Services" refers to any of our software-as-a-service (SaaS) platforms, systems, tools, websites, or applications provided by us, including but not limited to the BankSearch CRM, BankSearch BI data platform, the Transactional Reporting System, Data Capture System and Interactive Database.

By signing an Order Form, creating an account, or using any part of the Services, you acknowledge and agree to be bound by these Terms, Data Processing Agreement and Privacy Policy.

1. Definitions

A glossary of defined terms is included in Schedule A. Capitalised terms not defined in these Terms will have the meaning given to them in the applicable Data Processing Agreement (DPA) or PDPL Addendum, where relevant.

2. Service

2.1 Scope.The “Services” include access to and use of the software applications, platforms, and associated functionality made available by BankSearch, including mobile applications, APIs, integrations, and any other components as described in the applicable Order Form or on our websites; https://www.banksearch-consultancy.com, https://www.banksearchbi.com

2.2 Licence.Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right to access and use the Services for your internal business purposes for the duration of your Subscription Term. You may not permit any third party to use or access the Service except as expressly authorised in writing by BankSearch.

2.3 Updates.We may improve, modify, or update the Services at our discretion. Material changes will be communicated by email, in-app message, website notice, or other reasonable means. By continuing to use the Service after any changes, you agree to be bound by such changes.

3. Customer Obligations

3.1 Authorised Users.You are responsible for (i) each person you invite to the Service and (ii) all activity under your accounts. You shall ensure that all Users comply with these Customer Terms and you shall be liable for any breaches of the Customer Terms caused by any acts or omissions of Users.

3.2 Acceptable Use.You and your Users agree to and must comply with our Acceptable Use Policy.

3.3 Customer Integrations.You may connect third-party applications (e.g. booking or messaging tools) via our API functionality. Such applications act for you and are not BankSearch sub processors (see DPA §6).

3.4 Data Accuracy.You are solely responsible for the accuracy, quality, and legality of any data submitted to the Service, including ensuring that such data does not infringe any third-party rights or violate applicable laws.

3.5 Security Obligations.You shall implement appropriate security measures to prevent unauthorised access to the Service, including protecting usernames, passwords, and other credentials associated with your account. You must promptly notify us of any suspected or actual breach of security.

3.6 Legal Compliance.You and your Users must use the Service in compliance with all applicable local, national, and international laws and regulations, including those relating to privacy, data protection, intellectual property, and anti-spam.

3.7 Cooperation for Support.You agree to provide reasonable cooperation and timely access to relevant personnel and systems as required to enable us to provide technical support, maintenance, and other services.

3.8 Prohibited Use.You may not (and shall ensure that your Users do not) use the Service to: (i) engage in any illegal or fraudulent activity, (ii) transmit harmful or malicious code, or (iii) attempt to gain unauthorised access to the Service or its related systems or networks.

3.9 No Resale or Misrepresentation.You shall not resell, sublicense, or misrepresent the Service to third parties, nor use it to provide services to unauthorised third parties unless expressly permitted in writing.

3.10 Feedback.You grant us a worldwide, royalty-free, non-exclusive, sublicensable licence to use, modify, and incorporate into our Services any suggestions, enhancement requests, recommendations, or other feedback you or your Users provide.

4. Fees & Payment

4.1 Subscription fees are set out in the Order Form and payable in GBP within 15 days of invoice. UK VAT will be added where applicable.

4.2 Subscription fees are annually in advance.

4.3 Late payments may incur an administration fee.

4.4 Late payments accrue interest at 4 % p.a. above the Bank of England base rate.

4.5 We reserves the right to suspend service for non-payment. If full payment is not received within 60 days of suspension, your account may be cancelled.

5. Data Protection

5.1 Roles.You are the Controller for any personal data you load into the Service. We are the Processor. For personal data we collect for our own purposes (e.g. analytics, marketing or enrichment services) we act as Controller, as further described in Clause 6 "Customer Data" and our Privacy Policy.

5.2 DPA.The parties shall comply with the Data Processing Agreement (incorporated by reference).

5.3 PDPL Addendum.Where you are subject to Saudi Arabia’s Personal Data Protection Law (PDPL) the PDPL Addendum applies in addition to the DPA.

6. Customer Data

You retain all rights, title, and interest in and to your Customer Data. You are solely responsible for the legality, reliability, integrity, accuracy, and quality of such data, and for ensuring you have the appropriate lawful basis to collect, upload, or process it using the Services.

You grant us and our affiliates a worldwide, non-exclusive, royalty-free license to access, use, store, process, and analyse Customer Data for the following purposes:

  • To deliver, operate, maintain, and improve the Services you have subscribed to;
  • To monitor system usage, performance, and security;
  • To develop, test, and enhance features, including AI-powered and automated functionality;
  • To create aggregated, anonymised, or de-identified personal data for benchmarking, analytics, and product development;
  • To correlate technical identifiers (e.g., IP addresses or domains) with publicly available company information, for the purpose of enhancing lookup or enrichment functionality available to all users of the Service;
  • To comply with applicable legal obligations or enforce our rights under this Agreement.

We may retain and use de-identified or non-personal Customer Data after termination solely to maintain and improve our systems, comply with legal duties, or support service analytics. Such data will not be used to identify any individual unless permitted by law or authorised by you.

We do not sell Customer Data or disclose identifiable personal data to third parties, except as required by law or described in our Privacy Policy. Where you use third-party integrations or APIs, you are responsible for ensuring their compliance with applicable data protection laws.

7. Confidentiality

7.1 Each party will protect the other’s Confidential Information with the same care it uses for its own (and at least reasonable care) and use it only for the purposes of this Agreement.

7.2 BankSearch shall ensure that access to Customer Data is limited to those personnel who require such access to perform their job duties.

7.3 Confidentiality obligations do not apply to information that (i) was lawfully possessed before these Terms, (ii) becomes public (not through a breach), or (iii) must be disclosed by law.

8. Intellectual Property

We and our licensors retain all Intellectual Property (IP) rights in the Service and Website content, including images and materials (excluding Customer Data and third-party content). No ownership, title, source code rights, database rights or schemas are transferred to you. Disassembly, de-compilation, and reverse engineering are prohibited unless permitted by law.

You may not reproduce, distribute, or store any part of the Service or Website without our written permission. All rights not expressly granted in these Terms are reserved by BankSearch and its licensors.

We retain all rights in any metrics, usage trends, or derivative data generated using the Service, provided this data does not identify you or your users.

By submitting feedback, you assign all related rights to us. If assignment is not possible, you grant us a perpetual, irrevocable, royalty-free licence to use it for any purpose.

We may apply technical measures to protect the Service from unauthorised access, copying, or misuse.

9. Availability & Support

9.1 We commit to making the Service “generally available” and will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for:

(i) Planned downtime (of which BankSearch shall give advance electronic notice), or

(ii) Any unavailability caused by circumstances beyond BankSearch’s reasonable control, including Force Majeure, Internet service provider failures, or denial of service attacks.

9.2 Support is available by submitting a request via our helpdesk@banksearch-consultancy.com.

9.3 While we strive to respond promptly, we do not guarantee specific response times.

9.4 BankSearch may offer additional support options for paying customers as detailed on the Order Form.

10. Third-party Services

The Service may contain links to or allow integrations with third-party services. We do not control such services and are not liable for their acts or omissions.

11. Limitation of Liability

11.1 Cap. To the maximum extent permitted by law, BankSearch’s total aggregate liability arising out of or related to these Customer Terms (whether in contract, tort, including negligence, breach of statutory duty, or otherwise) shall be limited to the total amount paid by the Customer for the Service in the 12 months immediately preceding the date of the claim.

11.2 Excluded Losses. The Service and Website are provided "as is" without warranties of any kind. We do not guarantee the accuracy, completeness, timeliness, reliability, availability, suitability, or security of any materials, data, or content. Delays or omissions in updates may occur, and we make no commitment to update the Service or Website. We do not guarantee that the Service will meet your requirements or that it will operate uninterrupted or error-free. Any roadmap or future feature disclosures are non-binding and should not be relied upon when making purchasing decisions.

We are not liable for any indirect or consequential loss or damage, including (without limitation) pure economic loss, loss of profit, revenue, goodwill, anticipated savings, loss or corruption of data, wasted management or staff time, or any claims by third parties.

You warrant that you have authority to enter into and perform under these Terms, and that doing so does not violate any laws or existing agreements.

11.3 Nothing limits liability for death, personal injury, fraud, or other liabilities that cannot be excluded by law.

11.4 Indemnity. You shall indemnify and hold BankSearch, its employees, agents, and sub-contractors harmless from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) any third-party claim that Customer Data or your use of the Service infringes intellectual property or other rights; (ii) any use of the Service in breach of these Terms; or (iii) any breach of applicable data protection law caused by your instructions or content.

12. Term & Termination

12.1 Subscription Term. As set out in the Order Form.

12.2 Termination for Cause. BankSearch may terminate these Customer Terms with immediate effect if the Customer:

(a) is in material breach of any of its obligations under these Terms and does not remedy the breach within 30 days of written notice, or

(b) is subject to insolvency, administration or liquidation.

(c) BankSearch may also terminate these Terms for any reason upon 30 days’ written notice to the Customer.

13. Consequences of Termination

Upon termination we will disable access, then delete or return Customer Data in accordance with the DPA, except that we may retain and use de-identified or aggregated Customer Data in accordance with Clause 6 "Customer Data", provided such data cannot reasonably be used to identify the Customer or any individual.

14. Force Majeure

We are not liable for delays or failures to perform caused by events beyond our reasonable control (‘Force Majeure’), including but not limited to strikes, civil unrest, war, natural disasters, epidemics, telecom failures, or government actions. Our obligations are suspended for the duration of such events, and we will use reasonable efforts to resolve or mitigate the impact.

15. General Provisions

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply. Any invalid or missing term will be replaced with one that reflects, as closely as possible, the original commercial intent of the parties.

These Terms, along with any referenced documents, constitute the entire agreement between the parties and override any previous agreements, discussions, or understandings relating to their subject matter.

No third party shall have any rights under these Terms, including under the Contracts (Rights of Third Parties) Act 1999, or any similar laws in any applicable jurisdiction.

If you are located in a specific jurisdiction where consumer, data protection, or commercial contract laws require different terms, those local laws will apply only to the extent required and will not affect the enforceability of the rest of these Terms.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

17. Changes to These Terms

We may revise these Customer Terms of Service from time to time. Material changes take effect 15 days after posting here and we may notify users by email or in-app message.

Schedule A – Definitions (summary)

  • "Customer Data" – personal data submitted to the Service by or for the Customer, including but not limited to contact details, records, usage data, and associated metadata.
  • "Subscription Term" – the initial and any renewal period.
  • "Acceptable Use Policy" – the policy at {/legal/acceptable-use}.
  • Other capitalised terms follow the DPA.