Terms and Conditions

These terms apply between Passmark and you, the business buying our service. They are business to business terms. Consumer protections, including the fourteen day cooling off period, do not apply, and that is true whether you are a limited company or a sole trader buying for your business.

Your Order Form, our Pricing & Service Bundles document and our Scope of Service form part of these terms. Where they conflict, the Order Form wins, then these terms, then the other two.

We produce the management system documents set out in your Order Form, at the service level agreed, built from the information and documents you give us and reviewed by a person before release.

What we do not do is set out in full in our Scope of Service, which forms part of these terms and is not repeated here. In short: we are not your competent person, we do not visit sites or inspect work, we check your evidence only as far as the Scope of Service describes, we do not give legal or employment law advice, and we do not guarantee that you will pass an accreditation or win a tender.

You must review and approve your documents before you use them. We build them; you are the one who knows whether they describe your business.

Read this clause. The price is the annual figure shown on your Order Form. You owe it from the day you sign. Paying by monthly instalments is a concession we offer to help your cash flow. If you cancel or a payment fails before the twelve months are up, the remaining balance of the annual price falls due in full. Cancelling ends the instalment arrangement, not the debt.

• All prices exclude VAT.
• You agree the price in our onboarding app before you pay anything, and payment is taken when you agree it.
• Monthly instalments are collected by Direct Debit or charged to your card. You can also pay by card, Apple Pay or Google Pay, or pay the year by bank transfer. We confirm our bank details by phone before you pay by transfer, and we never change them by email.
• Pay the year in advance and you pay for ten months rather than twelve.
• We may change the price at renewal, on notice before your renewal date. We do not change it during a term.

The minimum term is twelve months from the date of your Order Form.

You may cancel free of charge at any point up to the moment you approve your specimen document, because at that point we have not yet built anything. After that, the work has been done and the annual price stands.

Your plan renews automatically for a further twelve months at the end of each term, so your documents never lapse without you meaning them to. We remind you in writing 60 days and again 30 days before your renewal date, with the price for the coming year.

If you do not want to renew, tell us in writing at any time before your renewal date and your plan ends at the end of the current term, with nothing further to pay. If you do not renew, you keep every document already issued to you, and you may go on using it. What stops is the updating, and the review dates on your documents run out on their own.

We may end the agreement if you do not pay, if you give us information you know to be false, or if you use our documents in a way these terms do not allow.

Where legislation, a standard or a scheme requirement changes, we update the affected documents and reissue them to you at no cost, for as long as your term runs. There is no limit on this.

Everyday changes, such as correcting your own details, a new starter or leaver, a new vehicle, insurer or certificate, or a small change to existing wording, are always free. Bigger changes you ask for, such as a new or rewritten policy or procedure, are included up to the number shown for your bundle in Pricing & Service Bundles, and priced at the published rate after that. We tell you any price and get your agreement before we start. Adding a new type of work is by agreement.

Your bundle is set from the information you give us, in particular the number of people on your payroll and the accreditations you hold or are going for. If that information is or becomes wrong, and a larger bundle applies, we will tell you and move you to the correct bundle from your next payment, and build any documents the change requires. We confirm your bundle with you at each renewal.

You may move up to a higher level or a larger bundle at any time. The new price applies from your next payment, with a one-off charge for the rest of the current month, or, if you have paid for the year, a one-off charge for the months that remain. Your renewal date does not change. You may move down only at renewal.

If a change in the law is so substantial that it creates new duties rather than amending existing ones, we may reprice at your next renewal. We will not reprice during a term.

You confirm that:

• The information you give us is accurate, current and complete, and you hold what you tell us you hold.
• You are entitled to display any scheme mark, badge or logo you send us, and you will cover us for any claim arising if you were not.
• You own or are licensed to use any existing document you send us, and you allow us to use it to build your documents.
• You will tell us straight away if an accreditation, registration or insurance lapses, is suspended or withdrawn, or if its scope changes.

We rely on all of this. Where our Scope of Service says we check evidence, the check is limited to what it describes: a check does not move responsibility for the truth of what you tell us from you to us.

When your documents are released we issue a Passmark Certificate of Completion and publish a Verify page for your business. You agree that we may show on it your business name, town, trade, company number, the status of your plan, your review dates, your certificate, and the evidence on file at the level we checked it, as our Scope of Service describes. We never show anything personal about the people who work for you.

You may show your certificate and your company code to clients, principal contractors, assessors and insurers, and you must describe the certificate accurately: it confirms that Passmark built and keeps your document system current. It is not an accreditation and does not certify your work or competence.

When evidence expires without a renewed copy reaching us, we take it off your Verify page. If your plan ends, your Verify page says so and your certificate is not reissued. We may withdraw your certificate and mark it withdrawn on your Verify page if it is misused or if information you gave us turns out to be untrue.

In short. We own the documents we write for you. You get a permanent licence to use them in your own business. You do not get the right to pass them to another business or use them to make documents for anyone else.

We own all intellectual property in the documents we produce for you, including their wording, structure, layout and design, and in our engine, content library, templates and portal. Nothing in this agreement transfers ownership of any of it to you.

Your own information stays yours: your company details, the names of your people, and any existing documents you gave us.

We grant you a licence to use, print, copy and issue your documents within your own business, including to your clients, principal contractors, assessors, insurers, accreditation bodies and your own workers, so you can show them your arrangements. The licence is non-exclusive and cannot be transferred or sub-licensed. It covers the business named on your Order Form only; another company in your group needs its own licence unless it is named on the Order Form.

The licence is permanent for every document already issued to you, and it continues if you do not renew, unless it ends under the section on copying, sharing and AI below.

Your documents are delivered as finished files so that version control stays with us. You may fill in the spaces provided for your records. Any other change is made by us, as a change request, so the reference, version and revision history stay accurate.

Where you have portal access, it is for your own named users. Logins must not be shared outside your business, and the portal must not be copied, scraped or downloaded in bulk by automated means.

You must not, and must not allow anyone else to:

• resell, give, lend or supply your documents to another business for it to use as its own;
• use your documents as templates or a starting point for another business's documents;
• publish your documents where others can download them, for example on a website or a document sharing service;
• put your documents, or any part of them, into an AI tool or other software to produce documents for another business, or to build a product or service that competes with ours;
• remove, hide or change the copyright notice, the licence line, the reference, the version, or any hidden identifier in your documents.

You may give your subcontractors and workers copies of the documents they need to work under your arrangements, such as RAMS and site rules. They may not adopt them as their own. You are responsible for anyone you give documents to.

Every document carries a unique identifier linked to your business, in the file and within the text, and we keep a register of them. This lets us trace a copy back to the suite it came from.

If your documents are used outside this licence, we may: charge a licence fee equal to our published price for a suite of that size, for each business that used them; end this agreement; end your licence to use the documents issued to you; and seek any other remedy the law allows, including an injunction.

This section continues to apply after the agreement ends.

We handle your information as set out in our Privacy Notice and our Data Processing Agreement, which apply where we process personal data on your behalf.

We use AI in producing your documents, and a person reviews the output before it reaches you. The AI provider is named in our list of processors. Our Scope of Service explains how this works.

On Get Compliant we do not hold your completed records: your pack is delivered to you and you file what you complete in your own systems. On Accreditation Ready the Passmark app holds the registers and records you keep in it, for the length of your plan. You can download them at any time. If you move to Stay Compliant or leave, you keep read-only access for 90 days, we keep the records for 12 months in case you come back, and then we delete them.

We hold copies of the evidence you send us, including your people's cards, to track expiry dates. We hold them on your behalf and delete them at the end of the period in our Privacy Notice.

Our total liability to you in any twelve month period is limited to the fees you paid us in that period.

We are not liable for loss of profit, loss of contracts, loss of business or indirect loss, or for any loss arising from information you gave us that was inaccurate, out of date or not something you were entitled to claim.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Your legal duties remain yours. A document does not discharge a statutory duty, and buying documents from us does not make us responsible for how your business is run.

Confidentiality

each of us keeps the other's confidential information to ourselves, and uses it only for this agreement. Our confidential information includes our prices, templates, methods and the unpublished parts of our content library.

Assignment

you may not transfer this agreement without our agreement in writing. We may transfer it if the business is sold.

Whole agreement

your Order Form and these terms, with the documents they refer to, are the whole agreement between us.

Third parties

nobody outside this agreement has rights under it.

Governing law

the law of England and Wales, and the courts of England and Wales.