Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Etellect Ltd, trading as eSortcode ("Etellect," "we," "us," or "our"), governing your access to and use of the eSortcode web services, APIs, and data products (collectively, the "Services").

By accessing or using our Services, registering for an account, or clicking "I Accept" or similar acknowledgment, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" shall refer to such entity.

2. Definitions

"API"

means the application programming interface provided by Etellect for accessing the Services programmatically.

"Confirmation of Payee & Payer (CoP)"

means the real-time name verification service for validating payee account details against registered account holder names.

"Credits"

means the prepaid units purchased by Customer for consuming API requests and data services.

"EISCD"

means the Extended Industry Sort Code Directory, a comprehensive database of UK financial institution data covering Bacs, CHAPS, Cheque and Credit Clearing, and Faster Payments schemes.

"Modulus Checking"

means the algorithmic validation service for UK sort codes and account numbers using industry-standard modulus algorithms.

"Portal"

means the customer portal accessible at https://portal.esortcode.com for account management, credit purchases, and usage monitoring.

"Vocalink"

means Vocalink Limited, a Mastercard company and operator of UK payment infrastructure, the original provider of EISCD data.

3. Description of Services

Etellect provides the following web-based validation and data services:

3.1 Modulus Checking Service

Real-time validation of UK sort codes and account numbers using BACS-approved modulus algorithms, including:

• Modulus 10 and Modulus 11 weight algorithms
• Double Alternate algorithm
• Sort code validation against UK banking directory
• Account number format verification
• Bank and branch information retrieval

3.2 Confirmation of Payee & Payer (CoP) Service

Real-time name verification service providing:

• Payee name matching against registered account holder names
• Payer name verification (Confirmation of Payer - PNV)
• Match result status (Full Match, Close Match, No Match, Unavailable)
• Fraud prevention and misdirected payment reduction
• Regulatory compliance support for APP fraud prevention

3.3 EISCD Data Extracts

Comprehensive UK and Irish banking data files including:

• Complete sort code directory for UK and Republic of Ireland
• Bank and branch names, addresses, and contact information
• Payment scheme participation (Bacs, CHAPS, Faster Payments)
• Modulus algorithm specifications
• Available formats: CSV, Excel (XLSX), JSON, XML
• Regular updates reflecting banking industry changes

3.4 API Access

RESTful API endpoints providing programmatic access to all services with:

• HTTPS encryption for all requests
• API key-based authentication
• JSON response format
• Rate limiting and usage monitoring
• Comprehensive API documentation

4. EISCD Data Authorization

4.1 Authorized Distributor Status

Etellect Ltd is an authorized distributor of the Extended Industry Sort Code Directory (EISCD), which is maintained and provided by Vocalink Limited, a Mastercard company. The EISCD is a comprehensive database of payments-related information for financial institutions participating in the United Kingdom's:

• Bacs payment schemes
• CHAPS (Clearing House Automated Payment System)
• Cheque and Credit Clearing
• Faster Payments Service

4.2 Vocalink Partnership

As a Vocalink partner, Etellect has been granted the rights to:

• Access and process EISCD data for commercial purposes
• Distribute EISCD data to authorized customers and end users
• Provide API services utilizing EISCD information
• Incorporate EISCD data into validation and verification services

4.3 Data Usage Restrictions

Customer acknowledges and agrees that:

• EISCD data remains the intellectual property of Vocalink and is licensed, not sold
• Customer's use of EISCD data is subject to these Terms and applicable Vocalink licensing requirements
• Customer shall not redistribute, resell, or sublicense EISCD data without explicit written authorization
• Customer shall use EISCD data solely for internal business purposes and payment validation activities
• Customer shall not reverse engineer, decompile, or attempt to derive the source data structure of EISCD

4.4 Data Accuracy

While Etellect and Vocalink endeavor to maintain the accuracy and currency of EISCD data:

• EISCD data is provided "as is" and reflects information available at the time of distribution
• Banking industry changes may occur between update cycles
• Customer is responsible for implementing appropriate validation and error handling in their applications
• Etellect is not liable for losses arising from outdated or inaccurate data

5. Account Registration & Security

5.1 Account Creation

To access the Services, you must:

• Create an account through our website or Portal
• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into binding contracts

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys
• All activities that occur under your account, whether authorized or not
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and implementing appropriate security measures
• Restricting access to your API keys and preventing unauthorized use

5.3 API Key Management

API keys are sensitive credentials that must be:

• Stored securely and never embedded in publicly accessible code or repositories
• Transmitted only over secure (HTTPS) connections
• Rotated regularly and immediately upon suspected compromise
• Used only for authorized purposes within your organization

6. License Grant & Restrictions

6.1 License Grant

Subject to these Terms and payment of applicable fees, Etellect grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Services for your internal business purposes
• Integrate the API into your applications and systems
• Use EISCD data for payment validation and verification activities
• Store API responses and validation results for reasonable operational periods

6.2 License Restrictions

You shall not:

• Reverse engineer, decompile, or disassemble any portion of the Services
• Remove, alter, or obscure any proprietary notices or attributions
• Resell, redistribute, or provide access to the Services to third parties
• Use the Services to develop competing products or services
• Scrape, harvest, or systematically collect data beyond authorized API usage
• Circumvent usage limits, rate limiting, or other technical restrictions
• Use the Services in any manner that violates applicable laws or regulations
• Share, publish, or disclose your API keys to unauthorized parties
• Cache or store EISCD data beyond reasonable operational requirements
• Create derivative databases based on EISCD data

6.3 White-Label and Reseller Licensing

If you wish to resell, white-label, or incorporate the Services into commercial offerings provided to third parties, you must:

• Contact Etellect to discuss reseller or partner arrangements
• Execute a separate written agreement with appropriate licensing terms
• Comply with additional restrictions and requirements for commercial distribution

Please contact sales@esortcode.com for reseller inquiries.

7. Service Level Agreement (SLA)

7.1 Standard Service Uptime Commitment

For standard service customers, Etellect commits to maintaining a 99.9% monthly uptime guarantee for the Services, calculated as follows:

7.2 Uptime Definition

"Uptime" means the Services are operational and accessible via the API. "Downtime" means:

• Complete unavailability of API endpoints resulting in inability to process requests
• Error rates exceeding 5% of all requests within a 5-minute period
• API response times exceeding 10 seconds for 95th percentile of requests

7.3 Exclusions from Downtime

The following do not count as Downtime:

• Scheduled Maintenance: Announced at least 48 hours in advance, performed during off-peak hours (typically 01:00-05:00 GMT), limited to 4 hours per month
• Emergency Maintenance: Critical security patches or urgent bug fixes, with prior notice when reasonably possible
• Force Majeure Events: Natural disasters, acts of war, terrorism, pandemics, government actions, or other events beyond Etellect's reasonable control
• Third-Party Failures: Issues with Vocalink infrastructure, internet backbone providers, DNS services, or customer's own infrastructure
• Customer-Caused Issues: Downtime resulting from customer's misuse, abuse, or violation of these Terms
• Beta or Preview Services: Services explicitly designated as beta, preview, or experimental

7.4 Performance Targets

In addition to uptime guarantees, Etellect targets the following performance metrics:

• API Response Time: <200ms for 95th percentile of requests
• Request Success Rate: >99.9% of properly formatted requests return valid responses
• Data Freshness: EISCD data updated within 48 hours of receiving updates from Vocalink

7.5 Service Credits for SLA Breaches (Enterprise SLA Only)

If Monthly Uptime (measured within the calendar month) falls below the Enterprise SLA guarantee, Enterprise customers may claim service credits as follows:

Enterprise SLA Service Credit Procedures:

• Eligibility: Only available to active Enterprise SLA subscribers
• Measurement Period: Uptime is measured monthly (within each calendar month), not annually
• Credit Calculation: Credits are calculated as the applicable percentage of both the £99+VAT monthly subscription fee and the total API usage charges for the affected month
• Example: If monthly uptime is 99.3% (triggering 25% credit) with £99 subscription + £500 usage, credit would be (25% × £99) + (25% × £500) = £24.75 + £125.00 = £149.75
• Application: Credits are applied to the next monthly invoice
• Claim Period: Credits must be claimed within 30 days of the end of the month in which the SLA breach occurred
• Claim Process: Submit via email to support@esortcode.com with evidence of impact and downtime duration
• Credit Type: Credits are applied directly to the next monthly invoice, not as cash refunds
• Expiration: Unused credits expire 12 months from issuance
• Exclusivity: Service credits are the sole and exclusive remedy for SLA breaches

Note: Standard pay-as-you-go customers operate under a 99.9% uptime target but are not eligible for service credits. For guaranteed uptime with financial compensation, please upgrade to our Enterprise SLA.

7.6 Monitoring and Reporting

Etellect maintains internal monitoring systems and publishes:

• Real-time system status at https://status.esortcode.com
• Historical uptime statistics available upon request
• Incident reports for significant outages

7.7 Enterprise SLA Option

For mission-critical applications requiring higher availability, Etellect offers an Enterprise SLA with:

• 100% Uptime Guarantee: Zero tolerance for downtime with financial penalties for any service interruption
• Duplicated Infrastructure: Separate servers and endpoints completely duplicated from standard service
• Additional API Endpoints: Private endpoints for enhanced reliability and performance
• 24/7 Priority Support: Direct line to senior engineers with 15-minute emergency response time
• Multi-Region Failover: Automatic failover between UK datacenters with sub-second switching
• Dedicated Account Manager: Personal point of contact for all service matters
• 30-Day Invoice Terms: Flexible payment terms for improved cash flow management

Enterprise SLA is available as an add-on with flexible payment options:

• Monthly: £99 + VAT per month
• Annual: £999 + VAT per year (save £189 annually - equivalent to 2 months free)

Enterprise SLA can be added to any modulus checking or Confirmation of Payee (CoP) subscription.

Service Coverage: Enterprise SLA applies to Modulus Checking and Confirmation of Payee (CoP) services. For CoP services, the Enterprise SLA covers eSortcode's infrastructure and service provision only. CoP verification relies on the Open Banking network and participating banks' systems, which are outside our control. The 100% uptime guarantee applies to our API availability, not to the underlying Open Banking service resilience. EISCD extracts are not covered by the Enterprise SLA and remain on standard service terms.

For full details and to add Enterprise SLA to your account, visit our Enterprise SLA page.

7.8 Service Availability and Right to Discontinue

Service Dependencies

The services provided by eSortcode depend on the following:

• Modulus Checking: Access to the Extended Industry Sort Code Directory (EISCD) provided by Vocalink Limited (a Mastercard company) and the continued authorization to distribute this data commercially
• EISCD Data Extracts: Ongoing licensing arrangements with Vocalink Limited for the provision and distribution of EISCD data files
• Confirmation of Payee & Payer (CoP): Access to the UK Open Banking network, participating financial institutions' CoP endpoints, and any necessary gateway or partner network connections required to facilitate CoP verification services

Right to Discontinue Services

If Etellect cannot continue to provide access to the data, services, or partnerships necessary to deliver a commercially viable and properly licensed service offering, Etellect reserves the right to discontinue the service without further notice for any reason whatsoever, including but not limited to:

• Loss of EISCD distribution rights or authorisation from Vocalink
• Changes to EISCD licensing terms that make commercial provision unviable
• Loss of access to Open Banking network or partner CoP services
• Regulatory or legal changes preventing service provision
• Changes to third-party terms that make continued service provision commercially impractical
• Withdrawal of necessary data feeds, APIs, or technical infrastructure by third parties

Refund Policy Upon Service Discontinuation

Enterprise SLA Customers:

• If service is discontinued, customers with an active Enterprise SLA subscription at the time of discontinuation are eligible for refunds
• Service credits (prepaid API usage credits) purchased within the last 6 months prior to the discontinuation date can be claimed and are eligible for a pro-rata refund
• The refund will be calculated based on the unused portion of credits purchased within the 6-month window
• Refunds are subject to the claim procedures outlined in Section 7.5 and must be claimed within 30 days of the service discontinuation notice
• Enterprise SLA subscription fees for any unused portion of the current month will be refunded on a pro-rata basis

Standard SLA Customers:

• For clarity, under the terms of the Standard SLA, no refund of prepaid service credits will be provided in the event of service discontinuation
• Customers operating under the Standard SLA acknowledge and accept that prepaid credits are non-refundable
• This clause applies regardless of the reason for service discontinuation or the amount of unused credits remaining

Customer Acknowledgement

By using the Services, Customer acknowledges and accepts that:

• Service availability is subject to third-party dependencies outside Etellect's direct control
• Etellect may discontinue services without prior notice if necessary permissions or access are revoked
• Refund eligibility is determined solely by the Customer's service level (Enterprise SLA vs. Standard SLA) at the time of discontinuation
• Standard SLA customers accept the risk of non-refundable credits in exchange for lower service costs
• Enterprise SLA customers receive additional protections including potential refunds for recently purchased credits

Note: This clause does not affect Customer's statutory rights under applicable consumer protection laws. Where Etellect voluntarily ceases to provide services for reasons within its control (rather than due to loss of third-party access or permissions), Etellect will use reasonable efforts to provide advance notice and may consider discretionary refund arrangements on a case-by-case basis.

8. Fees & Payment Terms

8.1 Pricing Structure

Services are provided on a prepaid credit basis:

• Modulus Checking: From 2.5p per validation check
• Confirmation of Payee & Payer: From 15p per name verification
• EISCD Data Extracts: From £49 per download

Current pricing is available at https://www.esortcode.com/#pricing. Volume discounts apply automatically based on purchase quantity.

8.2 Payment Methods

We accept:

• Major credit and debit cards (Visa, Mastercard) via ePayment Services
• PayPal
• Direct Debit (UK customers)
• Bank transfer for enterprise accounts (upon approval)

8.3 Billing and Invoicing

• Credits are purchased in advance and deducted per transaction
• Invoices are provided electronically via the Portal
• VAT is charged where applicable at prevailing UK rates
• Payment is due immediately upon purchase unless alternative terms are agreed in writing

8.4 Credit Expiration

Purchased credits do not expire, subject to minimum monthly usage criteria. Accounts with no API activity for 12 consecutive months may have unused credits forfeited. Active accounts retain credits indefinitely.

8.5 Price Changes

Etellect reserves the right to modify pricing with 30 days' written notice. Price changes do not affect credits already purchased.

8.6 Taxes

All fees are exclusive of taxes. Customer is responsible for all applicable taxes, duties, and government charges.

9. Data Protection & Privacy

9.1 Privacy Policy

Our collection, use, and protection of personal data is governed by our Privacy Policy, incorporated by reference into these Terms.

9.2 GDPR Compliance

Etellect complies with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. We act as:

• Data Controller for account and billing information
• Data Processor for validation requests submitted via the API

9.3 Data Processing

• We process validation requests solely for the purpose of providing the Services
• Personal data in API requests (names, account numbers) is processed transiently and not stored beyond operational logs
• Logs are retained for 90 days for security, debugging, and support purposes
• We do not sell, rent, or share customer data with third parties except as required for service delivery

9.4 Customer Responsibilities

When using Services involving personal data, Customer must:

• Obtain necessary consents and legal basis for processing
• Comply with all applicable data protection laws
• Provide appropriate privacy notices to data subjects
• Implement security measures to protect data in transit and at rest

9.5 Security Measures

Etellect implements industry-standard security measures including:

• TLS/SSL encryption for all data transmission
• ISO 27001 certified information security management
• Regular security audits and penetration testing
• Access controls and authentication mechanisms
• Incident response procedures

10. Acceptable Use Policy

10.1 Prohibited Activities

You agree not to:

• Use the Services for any unlawful purpose or in violation of any laws
• Engage in fraudulent activities or money laundering
• Attempt to gain unauthorized access to systems, accounts, or networks
• Introduce viruses, malware, or malicious code
• Overload or disrupt Services through excessive requests or denial-of-service attacks
• Impersonate any person or entity or misrepresent your affiliation
• Violate intellectual property rights of Etellect, Vocalink, or third parties
• Use Services to spam, harass, or harm others
• Circumvent usage limits, authentication, or security measures

10.2 Rate Limiting

To ensure fair usage and system stability:

• API requests are subject to rate limits based on your account tier
• Excessive requests may result in temporary throttling or blocking
• Enterprise customers can request higher rate limits

10.3 Enforcement

Violation of this Acceptable Use Policy may result in:

• Warning and request for corrective action
• Temporary suspension of Services
• Immediate termination of account without refund
• Legal action where appropriate

11. Intellectual Property Rights

11.1 Ownership

Etellect and its licensors (including Vocalink) retain all rights, title, and interest in:

• The Services, APIs, and all related technology
• EISCD data and all derivative works
• Trademarks, logos, and brand elements
• Documentation, code, and proprietary algorithms
• Patents, copyrights, and trade secrets

11.2 Customer Data

Customer retains all rights to data submitted to the Services. Etellect does not claim ownership of customer data but requires a license to process it for service delivery.

11.3 Feedback

Any feedback, suggestions, or ideas provided to Etellect become our property and may be used without compensation or attribution.

12. Warranties & Disclaimers

12.1 Limited Warranty

Etellect warrants that:

• Services will perform substantially in accordance with documentation
• We will use commercially reasonable efforts to maintain the SLA uptime commitment
• EISCD data will be provided as received from Vocalink without material alteration

12.2 Disclaimer

12.3 No Financial Advice

The Services provide technical validation only and do not constitute financial, legal, or professional advice. Validation results should be used as one factor in decision-making processes.

13. Limitation of Liability

13.1 Exclusion of Damages

13.2 Liability Cap

ETELLECT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:

• (a) The fees paid by Customer in the 12 months preceding the claim; or
• (b) £500 (five hundred pounds sterling)

13.3 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Matters that cannot be excluded or limited under applicable law

13.4 Customer Indemnification

Customer shall indemnify, defend, and hold harmless Etellect from claims arising from:

• Customer's violation of these Terms
• Customer's violation of laws or third-party rights
• Customer's misuse of Services
• Customer's failure to implement adequate security measures

14. Term & Termination

14.1 Term

These Terms commence when you first access the Services and continue until terminated by either party.

14.2 Termination by Customer

You may terminate at any time by:

• Closing your account via the Portal
• Contacting support@esortcode.com
• Ceasing to use the Services

14.3 Termination by Etellect

We may suspend or terminate your access immediately if:

• You breach these Terms or Acceptable Use Policy
• Your account shows signs of fraudulent activity
• Required by law or legal process
• You fail to pay fees when due

14.4 Effect of Termination

Upon termination:

• Your license to use Services immediately ceases
• Access to API and Portal will be revoked
• Unused credits are forfeited without refund (except where prohibited by law)
• You must cease using any EISCD data obtained through Services
• Sections 6.2, 9, 11, 12, 13, 14.4, and 15 survive termination

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of Scotland, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Scotland.

15.2 Modifications to Terms

Etellect may modify these Terms at any time by:

• Posting updated Terms on our website with a new "Last Updated" date
• Providing email notice to registered customers for material changes

Continued use of Services after modifications constitutes acceptance of updated Terms. If you disagree, you must cease using Services.

15.3 Entire Agreement

These Terms, together with the Privacy Policy and any executed service agreements, constitute the entire agreement and supersede all prior understandings.

15.4 Severability

If any provision is found unenforceable, the remaining provisions continue in full force and effect.

15.5 No Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

15.6 Assignment

You may not assign these Terms without our prior written consent. Etellect may assign these Terms at any time.

15.7 Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including natural disasters, war, terrorism, strikes, or government actions.

15.8 Notices

Notices must be sent to:

15.9 Export Compliance

Services may not be exported or re-exported to countries subject to UK or international sanctions.

15.10 Third-Party Beneficiaries

Vocalink Limited is an express third-party beneficiary of these Terms with respect to EISCD data provisions.