My Care Compliance subscription agreement

1. Charges

Prices are per provider organisation, not per user, and include unlimited users and all branches. Prices are exclusive of VAT where VAT applies.

2. Free trial

The first 7 days are free. Unless you cancel before the end of day 7, the subscription continues automatically and the first payment is taken on day 8. One free trial per provider organisation.

3. Continuous payment authority (recurring card payments)

By ticking the acceptance box and completing checkout you give us a continuous payment authority: you authorise us, acting through our payment processor Stripe, to charge the payment method you provide automatically on each renewal date, for the subscription and any recurring add-on you have selected, until this Agreement is cancelled in accordance with clause 8.

1. The authority continues month to month with no end date and does not need to be re-confirmed before each payment.
2. You authorise us to store the payment method with Stripe for this purpose, and to update it automatically where your card issuer provides replacement card details.
3. Card details are held by Stripe as payment processor. We never see, handle or store full card numbers.
4. Where a recurring add-on is taken later, or a price changes under clause 6, the same authority applies to the revised amount from the next renewal date.
5. You may withdraw the authority at any time through the billing portal, by cancelling under clause 8, or by contacting your card provider. Withdrawing the authority stops future collections but does not by itself cancel this Agreement or clear sums already due — you must also cancel in writing under clause 8.

You confirm that you are authorised to give this payment instruction on behalf of the Provider and on the payment method used.

4. Direct Debit (where used)

Where you pay by Bacs Direct Debit, you complete a Direct Debit Instruction and are protected by the Direct Debit Guarantee:

This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits. If there are any changes to the amount, date or frequency of your Direct Debit, Assured Care Hub Limited will notify you 3 working days in advance of your account being debited, or as otherwise agreed. If you request Assured Care Hub Limited to collect a payment, confirmation of the amount and date will be given to you at the time of the request. If an error is made in the payment of your Direct Debit, by Assured Care Hub Limited or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to, you must pay it back when Assured Care Hub Limited asks you to. You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.

Cancelling a Direct Debit or card mandate does not cancel this Agreement or the charges due under it; you must also cancel in writing under clause 8.

5. Late payment and failed payments

1. Payment is due on the renewal date. Time for payment is of the essence.
2. If a payment fails, we will re-attempt collection and notify you. You must correct the payment method within 7 days.
3. If payment remains outstanding 14 days after the due date, we may suspend access to the portal. Your data is retained during suspension and restored on payment.
4. If payment remains outstanding 30 days after the due date, we may terminate this Agreement and, after a 30-day export window, delete your data in line with clause 18.
5. Overdue sums carry statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 — interest at 8% above the Bank of England base rate, accruing daily, plus the fixed statutory compensation sum per invoice.
6. We may recover reasonable costs of recovering the debt, including collection agency and legal costs.
7. A failed Direct Debit or chargeback may attract an administration fee of £25 per occurrence.

6. Price changes

We may change subscription prices on 30 days' written notice, no more than once in any 12-month period. If you do not accept the change you may cancel before it takes effect.

7. Refunds

Monthly subscription payments are non-refundable once taken. Cancellation stops future payments; it does not refund the current month. Mock inspections cancelled with less than 5 working days’ notice are charged in full.

8. Cancellation

You may cancel at any time from the portal billing page or by emailing info@ajgadvisory.co.uk. Cancellation takes effect at the end of the current paid month. Consultancy hours are not carried over and are not refundable if unused.

9. The service

We provide access to the My Care Compliance platform and, where purchased, consultancy, mock inspections and training. Accounts are issued to named individuals. You must keep credentials confidential, must not share accounts, and must notify us immediately of any suspected compromise.

10. Your responsibilities

You will use the service only for lawful purposes connected with your regulated activity, ensure the accuracy of what you enter, keep user access lists up to date, and remove leavers promptly.

11. Acceptable use

You must not access workspaces or records you are not authorised to use; probe or test security or circumvent access controls; introduce malicious code, scrape, mirror or overload the service; upload unlawful content or personal data you have no lawful basis to share; or use the platform or its templates to build or support a competing product. We report suspected unlawful activity to the appropriate authorities.

12. Intellectual property and protection of our platform

All intellectual property rights in the My Care Compliance platform and everything we supply with it belong to AJG Advisory or our licensors, and nothing in this Agreement transfers any of those rights to you. This includes the software, design, structure and user interface; the audit templates, question sets, scoring methodology, RAG rating logic and CQC quality statement mappings; the report, policy, checklist and inspection templates; our know-how and methodology; and the AJG Advisory and My Care Compliance names, logos and branding.

We grant you a non-exclusive, non-transferable, revocable licence to use the platform and its templates for the internal compliance purposes of your own registered service, for as long as this Agreement is in force and charges are paid. Except as that licence allows, and to the extent permitted by law, you must not:

• Copy, reproduce, adapt, translate or create derivative works from the platform, templates or reports.
• Sell, resell, licence, sub-licence, rent, publish, distribute or otherwise make them available to any third party outside your organisation.
• Use them to provide consultancy, audit or compliance services to other organisations, or to build, train or support a competing or comparable product or service.
• Systematically download, scrape, screenshot or otherwise extract the template library, question sets or any substantial part of the platform, whether manually or by automated means.
• Reverse engineer, decompile or disassemble any part of the software, except where that right cannot lawfully be excluded.
• Remove, obscure or alter any watermark, copyright notice, trade mark or attribution.

You keep ownership of the audits, evidence and records you upload, and grant us only the permission needed to host, process and display them to deliver the service. Where you add content to our templates, our rights in the underlying template are unaffected.

Exports, downloads and printed reports are watermarked with the name of the person who produced them and are logged with the user, date, time and volume. Export volumes are rate-limited and unusual activity is alerted to AJG Advisory. You agree that these records may be used as evidence of any breach of this clause.

You acknowledge that damages alone may not be an adequate remedy for breach of this clause and that we are entitled to seek injunctive relief, an account of profits, delivery up or destruction of infringing material, and our reasonable legal costs, in addition to any other remedy. Your obligations under this clause survive termination.

13. Confidentiality

Confidential Information means any non-public information disclosed by one party to the other, whether or not marked confidential, including in our case the platform, templates, question sets, scoring methodology, pricing, business plans, security arrangements and source code, and in your case your business information, service records, staff information and the contents of your workspace.

Each party will keep the other’s Confidential Information strictly confidential, use it only to perform this Agreement, and not disclose it to any third party without written consent, except to employees, professional advisers, consultants and sub-processors who need it and who are bound by equivalent confidentiality obligations. Each party will apply at least the same care it applies to its own confidential information, and no less than a reasonable standard of care.

These obligations do not apply to information that is or becomes public through no breach of this Agreement, was lawfully held before disclosure, is independently developed without use of the other party’s Confidential Information, or must be disclosed by law, a court or a regulator — in which case the disclosing party gives notice where lawful and discloses only what is required.

Our staff and consultants access provider data only where necessary, under written confidentiality obligations, with access limited by role and recorded in an audit trail. On termination each party returns or destroys the other’s Confidential Information on request, except for copies required by law or held in routine backups. This clause continues for 5 years after termination, and indefinitely for personal data, trade secrets and source code.

14. Non-circumvention and staff

During the term and for 12 months afterwards, you will not knowingly solicit or employ any AJG Advisory consultant or employee who has worked on your account, other than through a public recruitment process not directed at them, without our written consent.

15. Guidance, not regulatory advice

Platform content, compliance scores, RAG ratings and mock inspection results are indicative readiness assessments based on the information you enter. They are general guidance, not legal advice, and do not replace the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 or the CQC single assessment framework. They do not predict or guarantee any CQC rating, judgement or inspection outcome. Responsibility for regulatory compliance remains with the registered provider.

16. Availability and support

We aim to keep the service available but do not guarantee uninterrupted access. We may suspend access for maintenance, security or updates, giving notice where reasonably practicable. Support is by email to info@ajgadvisory.co.uk during UK business hours.

17. Liability

Nothing limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law. Subject to that, we are not liable for loss of profit, business, reputation, anticipated savings or data, for regulatory action or ratings outcomes, or for indirect or consequential loss; and our total liability in any 12-month period is limited to the charges paid by you in that period. Nothing in this clause limits your liability for breach of clause 12 (intellectual property) or clause 13 (confidentiality).

18. Termination and data

Either party may terminate on 30 days' written notice, or immediately for material breach or non-payment under clause 5. On termination, access to the platform and all licences granted under clause 12 end immediately. On your instruction we will provide an export of your data and then delete it within 90 days of contract end, except where we must retain a copy by law.

19. General

You may not assign this Agreement without our consent, not to be unreasonably withheld. No third party may enforce it under the Contracts (Rights of Third Parties) Act 1999. This Agreement, together with the Data Processing Terms in Part 3, the Privacy Notice and the Website Terms, is the entire agreement between us; where they conflict, this Agreement takes precedence. It is governed by the law of England and Wales, whose courts have exclusive jurisdiction.

20. Roles

These terms form the written contract required by Article 28 of the UK GDPR. You are the controller of the personal data you enter into your workspace — staff records, audit findings, evidence documents and improvement actions. AJG Advisory is a processor for that data and processes it only on your documented instructions, which are this Agreement and your use of the platform. Where we deliver advisory work, or process enquiry and account data for our own business purposes, we are a controller and our Privacy Notice applies.

21. Subject matter and duration

Processing runs for the term of the subscription and any agreed wind-down. Subject matter: CQC compliance management — audits, evidence, action plans, workforce compliance, governance reporting and inspection readiness.

22. Data subjects and data

Data subjects: your employees, bank staff, volunteers and applicants; your named portal users; and people using your service where you include identifiable information. Data: contact and identity data; workforce compliance data including DBS, right to work and sponsorship, training, supervision and appraisal; account and activity data; and any personal data inside documents you upload. Special category and criminal offence data (DBS, health information) should be limited to what is necessary and redacted where it is not.

23. Our obligations

We will process only on your instructions; ensure staff are bound by confidentiality; apply the security measures in clause 24; engage sub-processors only under equivalent written terms and with prior notice of changes so you may object; assist you with data subject requests, DPIAs and ICO consultations; notify you without undue delay of any personal data breach affecting your data with the information you need for your 72-hour ICO duty; and make available the information needed to demonstrate compliance and support audits on reasonable notice.

24. Security measures

Encryption in transit; a separate private workspace per provider with database-level rules preventing cross-provider access; role-based and branch-level permissions; invitation-only accounts with no anonymous access; automatic session timeout; secure password reset with leaked-password checking; private document storage that is never publicly addressable; and an immutable audit trail for role changes, action verification and data protection activity.

25. Location and transfers

Data is stored in the United Kingdom. Any transfer outside the UK or EEA will be made under a UK adequacy decision or the International Data Transfer Addendum to the EU Standard Contractual Clauses.

26. Return and deletion

On termination, and on your instruction, we return an export of your data and delete it within 90 days of contract end, except where retention is required by law. You set your own retention periods for care records and employment files.