Terms of Service

1 Introduction

1.1 This page tells you information about us and the legal terms and conditions (Terms) on which we provide the Service to you.
1.2 Service means one or more of the reviews and submission services described on the Home Page of our website which we provide to you or any other services provided on the home page of our website.
1.3 These Terms will apply to any contract between us for the sale of the Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering the Service from our site.
1.4 Please note that before we agree to provide the Service you will be asked to agree to these Terms. Please click on the button marked “Yes” I Accept at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order the Service from our site.
1.5 You should print a copy of these Terms or save them to your computer for future reference.
1.6 We amend these Terms from time to time. Every time you wish to order the Service, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 15/12/2018.
1.7 These Terms, and any Contract between us, are in the English language.

2 Important Notice

2.1 We are not connected to or affiliated with the local authority, Job Centre Plus or any other official government body. We offer a review and submission service for your application to obtain a replacement Birth, Marriage and Death Certificates and/or any other services we provide on the homepage of our website, in return for a processing fee. You can apply independently for replacement certificates through your local authority (council).

3 Information About Us

3.1 Who we are. We are Online Applications Limited (trading as Replacement Certificates) a company registered in England and Wales. Our company registration number is 11698089 and our registered office is at office 10, NJK House, Haslingden Road, Blackburn, Lancashire, BB1 2EE. Telephone number: 01254 461335.  Our registered VAT number is 325 1655 17. We are regulated by the Information Commissioner's Office (I.C.O) Reference – ZA646628.

4 Our Service

4.1 In order to provide the Service we will:
4.1.1 within the timescale set out on the website for each type of service we provide, check and review the application details you have submitted using the application form on our website (Application Form), we will correct typographical errors, ensure that you have included all details required to submit your application for a replacement certificate and/or any other services we provide on our website.
4.1.2 We will attempt to contact you, if required, to make any amendments to your application;
4.1.3 Send you email confirmations when we have begun and completed processing your information and when we have submitted your application.
4.2 Our Service will have been completed when:
4.2.1 we have traced and dispatched your relevant replacement certificate.
4.3 If we need to contact you to correct any information on your Application Form as set out in clause 4.1.2 . We shall use the contact details from your Application Form. If you do not respond within 21 days, we shall be deemed to have completed our Service and you will not be entitled to any refund.
4.4 The Fast Track Service offered on our site only provides for us to expedite your application.

5 Use of our site

5.1 Your use of our site is governed by our Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.

6 How we use your personal information

6.1 We only use your personal information in accordance to our PRIVACY POLICY. For details, please see our PRIVACY POLICY. Please take the time to read this, as it includes important terms which apply to you.

7 Use of the Service

7.1 You may only purchase the Service from our site if you are at least 16 years old.
7.2 By using the Service you warrant and agree that:
7.2.1 You are at least 16 years old;
7.2.2 The information you have provided in the Application Form is entirely accurate and correct;
7.2.3 You are not using the Service to commit any criminal or fraudulent act nor to cause nuisance or annoyance or inconvenience to any other person;
7.2.4 if you are making an application for the Service on behalf of another person, that person fulfils the conditions set out in clauses 7.2.1 to 7.2.4 and has consented to you submitting the information on their behalf;
7.2.5 You consent to us submitting the information you provide on your Online Application Form to the relevant Local Authority.
7.2.6 you will remain responsible for any loss or damage we suffer by the use of the information you have provided.

8 How the contract is formed between you and us

8.1 You will have completed the order for our Services when you have filled in all the data, we ask you for in order to provide the Services and when you have accepted these Terms and made payment on the final page of the application.
8.2 Our application process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check each page of the application process.
8.3 When you make payment to us of the fee for the Service you accept that you have agreed to us providing the Services and that you have agreed to make payment in advance of us providing the Services paid for.
8.4 We will send you an email confirming that we accept your offer to use the Service and at that point the Contract between us will have been formed.
8.5 You agree to us starting the review process of your application immediately after having submitted your application through the website.

9 Your right of refund

9.1 You accept that although you are a consumer, your legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000, does not apply because the Services are clearly personalised, and you have agreed that we may begin to provide the Services immediately after you have made your payment.
9.2 Our staff will normally begin the review of your Application Form within minutes of you completing the form and may have already begun processing your application.
9.3 Any request for a refund must be made through the contact form on the site and any refund will be entirely discretionary.
9.4 As a consumer, you will always have legal rights in relation to the Service if it is faulty or not as described on our site. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.5 Please be aware that to compensate us for our time and the administration in processing refunds, an administrative fee will be applied and deducted in advance of the balance of any refund being credited to you.

10 Termination

10.1 We reserve the right to cancel or terminate our Contract with you at any time and for any reason at our sole discretion. If we terminate our Contract with you, we will refund part of your payment in our sole and absolute discretion depending on the work which has been undertaken at the time.
10.2 For the avoidance of doubt no refund will be given in the event the Service is terminated due to your failure to comply with any of these terms and conditions and you have failed to remedy that failure after being given notice of it or if we believe you have provided us with false or misleading information or are otherwise in breach of clause 7.                                                        

 

11 Delivery

11.1 We will use reasonable endeavours to provide the Service within the timescale set out on the site for that service, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or other similar events.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

11.4.1 We will contact you as soon as reasonably possible to notify you

11.4.2 Our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

11.5  All certificates for England, Wales, the channel Islands and the Isle of Man and Scottish certificates will be sent via 1st class tracked post within 20- 30 working days of purchase if purchased on the standard service. 

11.5.1 All certificates for England, Wales, the channel Islands and the Isle of Man and Scottish certificates will be sent via 1st class tracked post within 5 - 7 working days of purchase if purchased on the Fast track service . 

11.6 Replacement certificates does not take responsibility for postage of certificates outside of the England, Wales, the channel Islands and the Isle of Man.

11.7  All certificates will be delivered after completion of orders to the stated delivery address at the time the order is placed.  

11.8 Replacement Certificates reserves the right to change the delivery time frame where required.

11.8.1  The delivery time frame may change based on the following factors, Length of search time, type of certificate required and queries regarding the certificate.

11.9 Certificates that require posting outside of the UK may require a postage fee of £12. We will contact you if this is required.

12 Price and Payment

12.1 The prices of the Service will be as quoted on our site from time to time.
12.2 Prices for the Service may change from time to time, but changes will not affect any order where we have sent you our confirmation email as provided in clause 8.4.

13 How to pay

13.1 You can pay for the Service using a variety of payment services provided & displayed on our website.
13.2 Payment for the Service is made in advance. We reserve the right to withhold supply of our Service until payment has been made in full.

14 Our liability to you

14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Service for private use. You agree not to use the Service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
14.3.1 Death or personal injury caused by our negligence; or
14.3.2 Fraud or fraudulent misrepresentation.

15 Communications between us

15.1 When we refer, in these Terms, to ‘in writing’, this will include email.
15.2 If you wish to cancel the Contract you must contact us in writing by sending an email to [email protected].You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the email.
15.3 If you wish to contact us in writing for any other reason, you can send this to us by email to [email protected] 
15.4 If we must contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your Online Application Form

16 Other important terms

16.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may not transfer your rights or your obligations under these Terms to another person.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 These Terms are governed by English law. This means a Contract for the purchase of the Service through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 We will not file a copy of the Contract between us.                                                                                                                                                                                                     16.8   You have 3 weeks from our last communication to complete any relevant steps needed, if there is no communication, you will receive an email to advise the contract is due to end. Once this email has been sent, you will have 7 days to contact us. If no contact has been received within the 7 days, the contract between Us and you will come to an end. If you get in touch with us after the contract has ended, you will be required to submit a new application, however we may charge a fee to reinstate the application. This will be dependent on the circumstances.

17 COMPLAINTS PROCEDURE 

17.1 Complaints regarding refunds.

17.1.2 Replacement Certificates  operate a three stage resolution process

17.1.3 You must submit your complaint regarding the refund where the case will be investigated by a finance administrator. A response will then be issued within 3 working days.

17.1.4 If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of finance to review. A response will be issued with in 5 working days.

17.1.5 When an issued  second stage dispute is not satisfactory you may request a final stage dispute.

17.1.6 You will be required to supply a full factual encounter and detailed reason for dispute.

17.1.7 Once 17.1.6 has been completed, a new investigation will open with Replacement Certificates  Quality and Compliance team.

17.1.8 They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.

 

17.2 Complaints regarding service.

17.2.1   Replacement Certificates  operate a three stage resolution process.

17.2.2    You must submit your complaint regarding the refund where the case will be investigated by a Complaints handler . A response will then be issued within 3 working days.

17.2.3    If the response is not satisfactory you must request a second stage dispute, this will then be passed to a senior member of the Complaints team. A response will be issued with in 5 working days.

17.2.4    When  an issued  second stage dispute is not satisfactory you may request a final stage dispute.

17.2.5    You will be required to supply a full factual encounter and detailed reason for dispute.

17.2.6    Once 17.2.5 has been completed, a new investigation will open with Replacement Certificates Quality and Compliance team.

17.2.7    They will issue a resolution/ response within 1 calendar month, Please be advised this result is final.

 

17.3 We require all complaints in writing, please email or post your complaint to the following;

[email protected]

OR

Replacement Certificates (Online Applications LTD)

Suite 10

NJK House

Haslingden Road

Blackburn

Lancashire

BB1 2EE

 

17.4 All correspondence regarding complaints will be handled in writing for record purposes.

17.5 Replacement Certificates  follow The information Commissioners Office (ICO) guidelines in regards to personal data, Please refer to the ICO guidelines for any queries.

17.6 If you feel we have violated your rights in regards to your personal data, Please email the following;

[email protected]

17.7 We will only store call recordings for 3 months, any request that are received outside this time we will be unable to meet.

17.8 All Monetary complaints can be resolved through banking disputes, however only when Replacement Certificates policy has been upheld.