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MCS Installation Database - Terms and Conditions

The Microgeneration Certification Scheme (the "Scheme") is currently owned by the Department for Business, Energy and Industrial Strategy. The Scheme is to be transferred to the MCS Charitable Foundation and operated by the MCS Service Company Limited. A notice to this effect will be provided once the transfer process has completed.

  1. Interpretation
  2. In these Terms and Conditions, unless the context otherwise requires:

    "Administrator" means a user account with full administration access to the MID;

    "Affiliate" means in relation to a body corporate, any subsidiary, subsidiary undertaking or holding company of such body corporate, and any subsidiary or subsidiary undertaking of any such holding company for the time being;

    "BEIS" means the Department for Business, Energy and Industrial Strategy;

    "Certification Body" means the UK Accreditation Service ("UKAS") (or UKAS equivalent) accredited body issuing MCS certification;

    "Content" means Data, mode of expression, or other material and services found in the MID;

    "Data" means any of the information or personal data (within the meaning of the Data Protection Act 1998) of the User or Installation Owner held and stored in the MID, including installation company data, Installation Certificate data, compliance certificate data and data entered into the MID by all Users;

    "Installation Certificate" means a certificate issued on registration of an installation on the MID;

    "Installation Owner" means the owner of an installation registered on the MID where an Installation Certificate has been generated;

    "Installer Master Admin User" or "MAU" means the principal user account assigned to the named Installer contact;

    "Installer" means a User account authorised by the Installer MAU;

    "Intellectual Property" means copyright and related rights, moral rights, trade-marks and service marks, business names and domain names, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

    "Market Operator" means a user account with read only access to all MID registrations and partial reporting access;

    "MCS Administrator" means Gemserv Limited as the current MCS Administrator;

    "MID" means the MCS Installation Database, which sets out details of microgeneration installations which have been installed by MCS Company certified installers;

    "MCS Email Address" means mcshelpdesk@gemserv.com;

    "personal data" has the same meaning as in the Data Protection Act 1998;

    "processing" has the same meaning as in the Data Protection Act 1998, and "process" and "processes" will be construed accordingly;

    "Registration Form" means the form used to register an MCS compliant installation;

    "Reporting User" means a user account with reporting only access to the MID;

    "User" means an individual who is authorised to access the MID including both Installer MAU and Installer access levels;

    "MCS" means the MCS Service Company Limited and Gemserv Limited as the current MCS Administrator;

    "Website" means the MCS website with its homepage at https://certificate.microgenerationcertification.org;

    The following text outlines the Terms and Conditions of service. The User should read this document carefully before using the MID.


  3. User Responsibilities
    1. The User shall:
      1. only use the Content in accordance with these Terms and Conditions and the MID User Guide;
      2. supervise and control use of the Content in accordance with these Terms and Conditions;
      3. not display any Content on a public bulletin board, File Transfer Protocol Site, website, chat room or by any other unauthorised means;
      4. receive and hold the password in the strictest confidence and take all reasonable security precautions in the safekeeping of the password and in preventing its unauthorised disclosure to third parties without prior written consent from MCS;
      5. safeguard the confidential nature of all Content.
    2. The User warrants that:
      1. it will not use or permit or condone the use of the Content or parts thereof for sale, resale, loan, transfer, hire or other form of exploitation for monetary reward; and
      2. before the User records personal data on the MID, the User will:
        1. notify the persons to whom such personal data relates that such information is recorded on the MID; and
        2. provide those persons with a copy of the MCS Installation Database Privacy Policy;
      3. where the User processes personal data which is recorded on the MID, the obligations relating to personal data under the Data Protection Act 1998 will at all times be complied with.
    3. All Users are responsible for ensuring the correct use of the MID user account. Any suspected misuse by the User or a non-authorised person
      (being a person who does not have a MID user account) must be reported immediately by email to MCS. User accounts may temporarily be suspended until the suspected misuse is investigated.

  4. User Accounts
    1. Installer MAUs may authorise additional Installers within the certified company. Further guidance is available in the MID User Guide. User account details must not be shared between more than one User. The Installer MAU is responsible for ensuring the integrity and security of the account.
    2. User accounts may be suspended without prior notice at the discretion of MCS following a decision by the Certification Body.
    3. MCS may suspend or terminate a User account with immediate effect in the event of a material breach by the User of these Terms and Conditions following instruction by the Certification Body.

  5. Registration
    1. By registering an installation, the User confirms that the installation is fully compliant with the requirements of the appropriate MCS standards and that the data the User has entered in the Registration Form is complete and accurate.
    2. If Data is found to be incomplete, inaccurate or non-compliant with the MCS standards then the registration may be removed from the MID, the User's MID access may be removed and the non-compliance investigated by the User's MCS Certification Body. MCS will also report potential fraudulent activity to the appropriate authorities.
    3. Users are responsible for keeping their contact details up-to-date on the MID and must have a valid email address registered with MCS at all times. If an email that MCS sends to the User should prove undeliverable, the User's account may be temporarily suspended until the User contacts MCS with a verifiable email address.
    4. The User agrees to the Privacy Policy available on the MID (https://certificate.microgenerationcertification.org) and the MCS website (microgenerationcertification.org).
    5. MCS may make changes to or update these Terms and Conditions at any time and will endeavour to give adequate notice of such changes. The User's continued use of the MID means that the User accepts any new or modified terms.

  6. Installation Certificate
    1. The Installation Certificate is a statement by the Installation Company of compliance with the relevant MCS standards. The User is liable for ensuring all the Data is correct and accurate as of the date of system commissioning and registration on the MID.
    2. Fraudulent use of Content or an Installation Certificate may result in the User's account being suspended or terminated.

  7. Data Protection
    1. For purposes including reporting, monitoring, compliance and complaint handling, Data may be shared by MCS with Scheme partners including but not limited to BEIS, MCS Administrator, MCS Certification Bodies, Chartered Trading Standards Institute (CTSI) approved consumer codes, the Feed-In Tariff (FIT) Licensees, and Ofgem.

  8. Use of the Data
    1. See MCS Installation Database Privacy Policy for information about how the Data may be used by MCS and other organisations.

  9. Intellectual property
    1. The User acknowledges and agrees that as between MCS and the User, Intellectual Property and other rights subsisting in or used in connection with any Content as a whole and in the components of the MID or Data do not belong to the User and the User shall not acquire any interest in Intellectual Property or any rights in it other than the rights granted to the User in these Terms and Conditions.
    2. Any copying, distribution, storing or transmission of any kind, or any sort of commercial use of the Content is strictly prohibited without MCS' prior written permission.
    3. The User understands that they may not re-sell nor make available to any third party the whole or any part of the information or services which is provided by MCS to the User, including access to the MID and copies of the Data held in the MID.
    4. The User must not remove or obscure the MCS logos, or make any alterations to any documents or printouts provided by MCS and arising from the MID, such as the MCS Certificate.

  10. Limitation of liability
    1. Nothing in these Terms and Conditions shall restrict or exclude MCS' liability for:
        1. death or personal injury resulting from negligence by MCS;
        2. fraud committed by MCS; or
        3. any liability which may not be lawfully excluded or limited.
    2. Nothing in these Terms and Conditions affects the User's statutory rights.
    3. MCS shall not be liable to the User for consequential, special or indirect losses, or the following losses whether direct or indirect: loss of profits; loss of revenue; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.

  11. Indemnities
    1. The User agrees to indemnify, defend, and hold harmless MCS, its Affiliates, directors, officers and employees, the MCS Administrator, and BEIS from and against any claim, liability, cost, damage or loss MCS may incur (including, without limitation, legal fees) as a result of any non-performance by the User of the obligations set out in these Terms and Conditions.

  12. Nature of services and information provided
    1. MCS may change the specification of the MID from time to time and will endeavour to provide reasonable notice to affected parties.

  13. Entire Agreement
    1. These Terms and Conditions and the content on our Website contain the entire agreement between the User and MCS with respect to the subject matter of the Terms and Conditions and shall supersede all other written or oral communications between the User and MCS. The express Terms and Conditions in these Terms and Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. You hereby confirm that the User has not relied upon any representations, communications or other matters which have not been expressly stated in these Terms and Conditions. Notwithstanding any provision to the contrary, nothing in these Terms and Conditions limits or excludes our liability for fraudulent misrepresentations.

  14. Contracts (Rights of Third Parties) Act 1999
    1. For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision in these Terms and Conditions, these Terms and Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.

  15. Severability, governing law and jurisdiction
    1. If any provision in these Terms and Conditions is invalid or unenforceable, the remaining provisions will continue in full force and effect.

1.1 These Terms and Conditions shall be governed by, and construed in accordance with, English law and any matter claim or dispute arising out of or in connection with this Agreement whether contractual or non-contractual, shall be governed by and determined in accordance with English law.
1.2 MCS and the User irrevocably submit to the exclusive jurisdiction of the English courts in respect of any claim or dispute arising out of or in connection with these Terms and Conditions.

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