Version 1.3
24 June 2021 - Link to full T&Cs here
Exizent is issuing an update to terms and conditions for the platform to a new version (v1.3) under current clause 18.2 of the current terms and conditions for existing customers.
The main reason for the update to the terms and conditions for all users is the forthcoming addition of exciting new ‘Estate Discovery’ functionality. This functionality will enable users to instantly access Experian’s credit file information for a deceased person to speed up the process of capturing asset and liability information of an estate. The functionality will be rolled out to eligible firms once available in summer 2021.
We are also taking the opportunity to make some other updates to our terms and conditions, primarily these are for clarity and based on customer feedback over the last 9 months.
The changes and reasons are summarised in the following table.
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Change |
Clauses affected |
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Changes required to enable access to the Estate Discovery functionality. |
Additional definitions: Appointment Document, Estate Discovery Report, Estate Discovery Permitted Purpose. Amendments to clause 8 (a) inserting “in accordance with a valid Appointment Document” and “or otherwise uploaded via the Software, including any Appointment Documents,”. Addition of clause 8 (j) “that they will only use an Estate Discovery Report for the Estate Discovery Permitted Purpose”. Addition of Experian to the list of Third Party processors in Part 2 of Schedule 1.
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Clarifying the days support is available.
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Amendment to the definition of Business Day with the insertion of “or Scotland” and “or Edinburgh”.
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Provide additional warranty to customers with regards to third party intellectual property rights.
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Addition of new clause 7.5 “The Company warrants that the use of the Services will not infringe any third-party intellectual property rights.”
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Clarifying that it is Exizent not the customer responsible for obtaining licences, consents, permissions for the Platform to operate.
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Additional text inserted in clause 8(f) “, except that the Customer is not responsible for obtaining or maintaining any such licences, consents or permissions that the Company must obtain and maintain in accordance with clause 7.4”.
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Introduction of a clearer Fair Use clause. |
Insertion of a new Clause 11 (and consequential renumbering of subsequent clauses). Deletion of old clause 10.2 as a consequence.
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Clarifying the Customer’s right to cancel in the event of a Force Majeure interruption to the service.
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Addition of a new final sentence in (new numbered) clause 17 “If the period of delay or non-performance continues for 2 weeks, the Customer may terminate this agreement by giving 30 days' written notice to the Company.”. |
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Update of T&Cs internal clause references as a result of renumbering.
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Various. |