Terms of Service Agreement
By using this site and its services, the Customer represents and warrants that the Customer is eighteen (18) years of age or older and that the Customer is recognized as being able to form legally binding contracts under applicable law or is authorized to enter into a legal agreement on behalf of a corporate entity. Ordering our services and accessing the Customer account is deemed acceptance of these Terms of Service.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The terms of Service applies to the product(s) and services offered on our website and via the control pane, together with services ordered via email or telephone, including but not limited Customer risk profiling, PEP /Watch list screening, Compliance, training, and digitization.
CapX may, in its sole and absolute discretion and without notice, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. The Customer’s use of this Site and its services after such changes or modifications shall constitute the Customer’s acceptance of this Agreement as last revised. If the Customer does not agree to be bound by this Agreement as last revised, do not use this Site and services provided.
In addition, CapX may occasionally notify the Customer of changes or modifications to this Agreement by email. It is therefore very important that the Customer keep its account information current. CapX assumes no liability or responsibility for the Customer’s failure to receive an email notification if such failure results from an inaccurate email address, or third-party service issues. In addition, CapX may terminate the Customer use of Services for any violation or breach of any of the terms of this Agreement by the Customer. This Contract explains our obligations to the Customer and the Customer obligations to us in relation to the service(s) the Customer purchase.
Term and Termination
Unless specified to the contrary elsewhere herein, this contract shall come into force when CapX accepts the Customer order for the service(s) which CapX will acknowledge by emailing a confirmation notice to the email address the Customer provided on signup, this order shall continue in force until the expiry of the Term choosen by the customer or in accordance with this clause.
The Customer may terminate this contract on the following grounds:
- By opting not to renew the service at the renewal date (note if the payment method chosen is set to “autorenew” the contract will automatically renew for the next period unless the customer changes the status of same through their control panel).
- Where CapX is in material breach of any obligation under the contract and, where notice has been provided by the customer to CapX of the material breach and where CapX can remedy that breach but have failed to do so within thirty (30) days of the Customer’s notification.
CapX may terminate this contract on the following grounds:
- By providing written notice of termination, if the Customer is in material breach of any obligation under the contract and, where the Customer can remedy that breach but have failed to do so within fourteen (14) days of us having notified the Customer of that breach and the proposed remedy.
- With immediate effect, if the Customer provide any false, or misleading information, or if the Customer fail to correct material errors or omissions relating to any information supplied by the Customer, resulting in that information becoming false, inaccurate, incomplete, or misleading; and/or
- With immediate effect on giving, the Customer written notice of termination, if the Customer provide any, inaccurate or, incomplete information, or if the Customer fail to correct material errors or omissions relating to any information supplied by the Customer, resulting in that information becoming, inaccurate, or incomplete and/or
- With immediate effect on us giving the Customer written notice of termination, if the Customer become insolvent, have a receiver or examiner appointed over the whole or any part of the Customer assets, enter into any composition with creditors, or have an order made or resolution passed to be wound up (otherwise than for the purposes of a scheme for solvent amalgamation or reconstruction) or, where the Customer are an individual or partnership, if the Customer become bankrupt, make a voluntary arrangement with the Customer creditors or have a receiver or administrator appointed; and/or
- With immediate effect on giving the Customer notice if the supply of the service and/or additional services to the Customer may (in our reasonable opinion) expose us to the risk of litigation or other civil or criminal proceedings.
If the Customer terminate the Agreement during the initial subscription period as specified in the specific terms and conditions applicable to the service, or the acknowledgement of order, as the case may be, CapX may be entitled to charge the Customer a cancellation fee equivalent to the subscription fee for the initial period, less any sums paid by the Customer for that initial period.
Warranty and Limitation of liability CapX
- In providing the Services it shall use reasonable skill and care; and
- CapX represents and warrants to the Client (for as long as the client exists) in relation to each of the documents, material, data, or other information provided as part of the Services that:
- CapX has and will continue to have the right for the duration of the Contract and as far as is practical to grant all the rights and licenses it grants or purports to grant to the Client pursuant to and on the terms of this Agreement;
- CapX has obtained all consents, permissions, and licenses necessary to enable the Client to exercise the rights granted or purported to be granted to it by CapX and to use material, data, software or other information provided as part of the Support Services pursuant to and on the terms of this Agreement and always in accordance with the laws of Jamaica.
Without prejudice to Sub-Clause b, the Client agrees that CapX liability for damages under or in connection with this Contract, howsoever arising (including, without limitation, for breach of contract, for negligence or other tort, or concerning the use or inclusion of any document, material, idea, data or other information in the Support Services), shall in no circumstances exceed in the aggregate the sum of twice the fees paid by the Client hereunder in the 12 month period immediately preceding the event giving rise to the claim provided that CapX shall have no liability under or in connection with this Contract, howsoever arising, for damages in respect of loss of profits or contracts or for indirect or consequential loss or damage.
Except as aforesaid, CapX gives no other warranties or conditions, express or implied including but not limited to warranties or conditions of merchantable quality or fitness for particular purpose.
- Charges are payable as specified and outlined on the CapX website and confirmed at the checkout cart and are due on an ongoing basis until this Contract is terminated.
- Payment shall be made payable to CAPX on the 28th of every month, CAPX shall send an invoice to the email address specified by the Customer on the Customer account 7 days before payment falls due.
- For Jamaican Customers GCT and other taxes and duties (where applicable) are payable in addition to the charges for the service(s) and for Customers outside the jurisdiction of Jamaica, rates are determined by the Customer country of residence and in place of business in relation to corporate entities.
- If the Customer does not make payment on the due date, CapX will:
- Be entitled to suspend the service(s) until payment is made in full, and/or
- Terminate the Contract in whole or in part and cease providing the service(s).
- If any cheque or debit or credit card payment paid to us by the Customer in payment of the request and/or services is not honored for any reason, the registration and/or the service to which the payment relates will be suspended pending payment of the outstanding account and the following charges will apply:
- Chargeback payment for a legitimate charge:
- Failed direct debit payment:
- Returned cheque:
- Where a payment is made to us via bank transfer of any kind, all bank charges incurred will be the Customer responsibility.
- Where the Customer have opted for payment method 'auto-renewal' by way of a credit / debit card, of the services due after, CapX will advise the Customer of the impending expiry of the services and give the Customer notice that CapX will be automatically charging the Customer credit/debit card. The notice will be sent to the then current billing email address specified by the Customer on the Customer Account. In the event the payment fails, CapX will notify the Customer via e-mail and the system will attempt to take payment 3 days after the original attempt and another 3 days after that. If subsequent attempts to charge the Customer card fails, it will be the Customer’s responsibility to make alternative payment arrangements for the Customer’s service renewal. CapX will not be liable in respect of the non-renewal of a service if having sent the Customer a renewal notice, if CapX does not receive notice of renewal and the applicable payment, or if the Customer fail to notify us of a change of contact details.
- It is the Customer’s responsibility to ensure that any products/services which the Customer have selected to auto renew through the Customer account with us, have valid up-to-date credit/debit card details assigned to it/them at all times. CapX will not be responsible for failed payments or loss of any product or service(s) as a result of invalid, expired or missing credit/debit card details.
Notices and Communications
Any notice, without prejudice to any other method of giving it shall be sufficiently given if it is sent by email to the customers email address as provided at the time of purchase of the services or to such other email address as the respective party may advise by notice in amending same under CapX control panel. Notices shall be deemed to have been properly given after two working days.
No delay or failure of either party in enforcing against the other party any term or condition of this Contract, and no partial exercise by either party of any right hereunder, shall be deemed to be a waiver of any right of that party under this Contract.
The parties have read and understand this Contract and agree that it constitutes the complete and exclusive statement of the agreement between them with respect to the subject matter hereof which supersedes all proposals, representations, understandings, and prior agreements, whether oral or written, and all other communications between them relating thereto.
Clause headings are inserted for convenience of reference only and shall not affect the interpretation of this Contract. If the scope of any of the provisions of this Contract is too broad in any respect to permit enforcement to its full extent, then the parties agree that such provision shall be enforced to the maximum extent permitted by law and that such provision shall be deemed to be varied accordingly.
No purported variation of this Contract shall take effect unless made in writing and signed by an authorized representative of each party.
This Contract shall be governed by JAMAICAN Law and the parties hereby submit to the jurisdiction of the JAMAICAN Courts.
By registering for the service(s) the Customer consent to us using and/or disclosing any personal information as follows:
- for processing the Customer application, which may involve client screening which, in the case of an individual, may record that a credit check has been made and disclosing the Customer personal and account information to a bank for the purposes of setting up a direct debit arrangement; and
- if necessary, providing or arranging for third parties to provide customer care facilities and bill the Customer for the service, which may involve disclosing the Customer personal information to third parties solely for those purposes; and
- CapX may retain information that the Customer provide and from time to time may use this information to offer the Customer other similar services that CapX feel may be of interest to the Customer both from us and other companies. CapX may contact the Customer by post or e-mail. If the Customer do not wish to receive this information, please let us know either by e-mail using the unsubscribe link given on our mailings or by contacting us at help.CapX.com.
Neither party shall be liable for any delay in meeting or for failure to meet any of its obligations under this Contract due to any cause outside its reasonable control, including, without limitation, strikes, lock-outs, Acts of God, war, riot, malicious acts of damage, fire, acts of any government authority, failure of the public electricity supply, failure or delay on the part of any sub-contractor beyond the sub-contractor's reasonable control or the lack of availability of materials.
If either party is prevented from meeting any of its obligations due to any cause outside its reasonable control, it shall promptly notify the other party in writing of the circumstances and the other party shall grant a reasonable extension for the performance of this Agreement, provided however that if either party shall have been so prevented from meeting its obligations for more than thirty (30) days following receipt of such notice, then either party may terminate this Agreement forthwith upon written notice. In the event of termination for this reason, the Customer shall pay CapX a reasonable sum for the Support Services which shall include the costs and expenses relating to materials or services obtained or ordered in connection with providing the Support Services which cannot reasonably be defrayed elsewhere
- CapX may delegate the performance of any of its obligations hereunder to third parties without the Client's consent, provided however that CapX shall remain liable in Agreement for the performance of the Services notwithstanding such delegation. Nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Agreement.
- No delay or failure of either party in enforcing against the other party any term or condition of this Agreement, and no partial exercise by either party of any right hereunder, shall be deemed to be a waiver of any right of that party under this Agreement.
- The parties have read and understood this Agreement and agree that it constitutes the complete and exclusive statement of the agreement between them with respect to the subject matter hereof which supersedes all proposals, representations, understandings, and prior agreements, whether oral or written, and all other communications between them relating thereto.
- The provision of the service(s) and the application of these terms and conditions and the formation, validity and interpretation of the Contract are governed by the laws of JAMAICA and subject to the exclusive jurisdiction of the JAMAICAN courts provided that nothing in this clause shall prevent us from seeking interim or injunctive relief in the Courts of any other jurisdiction.
Data Protection and Confidentiality
Data Processing Agreement
This DPA forms part of the Agreement currently in place between the Customer and CapX and reflects the Parties' agreement with regard to the processing of personal data.
- CapX may act as a data processor and/or a Data Controller for the Customer (subject to the services being provided), where CapX processes personal data for the Customer and may control access to portions of the Customer data stored on CapX platforms.
- The personal data to be processed by CapX concerns the categories of data, the categories of data subjects and the purposes of the processing set out in Annex A.
- Customer data stored on CapX platform(s) is controlled by the Customer and CapX may act as a Joint Controller in that the information is stored, made available, may be backed up, deleted, or otherwise managed, solely as instructed by the Customer.
“Personal data” as defined under the Data Protection Act of Jamacia 2020 means information relating to a living individual or a person who has been deceased for less than thirty years who can be identified from that information alone or from that information and other information in the possession of, or is likely to come in possession of the data controller; and includes any expression of opinion about that individual and any indication of the intentions of the data controller or any other person in respect of that individual.
“Data Controller” as defined under the Data Protection Act of Jamaica 2020 means any person or public authority who either alone or jointly or in common with other persons determines the purpose for which and the manner in which any personal data are, or are to be, processed, and where personal data are processed only for purposes for which they are required under any enactment to be processed, the person on whom the obligation to process the personal data is imposed by or under that enactment is for the purposes of this Act a data controller.
“Data processor” as defined under the Data Protection Act of Jamaica 2020 means in relation to personal data any person, other than an employee of that data controller, who possesses the data on behalf of the data controller.
Processing of Personal Data
Instructions: The Customer’s instructions to CapX for the Processing of Personal Information shall comply with Data Protection Laws of Jamacia. The Customer shall have sole responsibility for the accuracy, quality, and legality of the Customer Data and the means by which the Customer acquired the Customer’s Data. The Customer hereby represents and warrants to, and covenants with CapX that the Customer Data will only contain Personal Information in respect of which the Customer has provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise has all authority, in each case as required by applicable laws, to enable CapX to provide the Service, including with respect to the collection, storage, access, use, disclosure and transmission of Personal Information, including by or to CapX and to or from all applicable third parties.
CapX may not process or use the Customer's personal data for any other purpose than provided in the instructions, including the transfer of personal data to any third-party country or an international organization, unless CapX is required to do so by Jamaican law or internationally required. In that case, CapX shall inform the Customer in writing of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
- Where the customer has given their permission to transfer their personal data to a third-party country or to international organizations, CapX must ensure that there is a legal basis for the transfer.
- If CapX is of the opinion that an instruction from the Customer is in violation of the local, regional or international laws regarding Data Protection and or its regulations and provisions, CapX shall immediately inform the Customer in writing about this and will not be obliged to transfer the Personal Data.
CapX's general obligations
- CapX will use reasonable endeavors to ensure that persons authorized to process the personal data will act with confidentiality or are under an appropriate statutory obligation of confidentiality.
- CapX shall implement reasonable technical and organizational measures to prevent the personal data processed from the following:
- accidentally or unlawfully being destroyed, lost or altered,
- disclosed or made available without authorization, or
- otherwise processed in violation of applicable laws relevant, including the Data Protection Act of Jamaica, for the Services.
- The appropriate technical and organizational security measures must be determined with due regard for a. the current state of the systems,
- the reasonable cost of their implementation, and
- the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
- CapX shall upon reasonable request (to a maximum of once per annum) provide the Customer with sufficient information to enable the Customer to ensure that CapX complies with its obligations under the DPA, including ensuring that the appropriate technical and organizational security measures have been implemented.
- CapX must provide information related to the provision of the Services to the customer only to authorities or the Customer's external advisors, including auditors, if this is necessary for the performance of their duties in accordance with Jamaica or regional law.
- CapX must give authorities who by local and regional laws have a right to enter the Customer's or the Customer's supplier's facilities, or representatives of the authorities, access to CapX physical facilities against proper proof of identity.
- CapX must without undue delay after becoming aware of the facts in writing notify the Customer about:
- any request for disclosure of personal data processed under the DPA by authorities, unless expressly prohibited under local, regional law or international law,
- any suspicion or findings of (a) breach of security that results in accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed by CapX in connection with the Services, or (b) other failure to comply with CapX's obligations under clause 2 and 3 of this section, or
- any request for access to the personal data received directly from the data subjects or from third parties relating to the processing of personal data on behalf of the Customer.
- CapX must promptly assist the Customer with the handling of any requests from data subjects in accordance with the DPA 2020, including requests for access, rectification, blocking or deletion, which relates to the processing of personal data in connection with the Services.
- CapX must assist the Customer, at the customers cost with meeting the other obligations that may be incumbent on the Customer according to local and regional law related to data processing where the assistance of CapX is implied, and where the assistance of CapX is necessary for the Customer to comply with its obligations. This includes, but is not limited to, at request, to provide the Customer with all necessary information about an incident and all necessary information for an impact assessment in accordance with the incident.
- The Customer may at any time request reasonable information about the servers, offices used by CapX in connection with the Services and CapX shall respond within 30 days with such information as CapX deems as reasonably required.
- CapX may engage the services of sub processors to provide the Services. CapX undertakes to inform the Customer of any intended changes concerning the addition or replacement of a sub-processor by providing prior written notice via the Customer's business account. If the Customer can document objective and valid and reasonable reasons not to accept suggested new sub-processors, the Customer may object to the use of these suggested new sub-processors. If CapX chooses not to suggest alternative sub-processors, or if the Customer has valid and objective reasons to object to all suggested alternatives, either party is entitled to terminate the contract with CapX within 30 days after receiving notice hereof. CapX must inform the Customer in writing of the discontinued use of a sub-processor.
- Prior to the engagement of a sub-processor, CapX shall conclude a written agreement with the sub-processor, in which at least the same data protection obligations as set out in the DPA shall be imposed on the subprocessor, including an obligation to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the DPA of 2020.
CapX may at any time amend this Agreement, and such changes or modifications shall be effective immediately upon posting.
Term and consequences of the termination of the Agreement
On the Customer's request CapX shall immediately transfer or delete (including anonymization) personal data, which CapX is processing for the Customer, unless local or regional law requires storage of the personal data, or unless the performance of the request is deemed to be excessive or unnecessary and will not significantly impact the privacy or rights of the data subject.
If any of the provisions of the DPA conflict with the provisions of the Agreement, then the provisions of the DPA shall prevail. However, the requirements in clause 3 do not apply to the extent that the Parties in another agreement have set out stricter obligations for CapX.
This Agreement does not determine the Customer's remuneration of CapX for Services according to the Agreement.
CapX's Data Protection Office
The Customer can get in contact with CapX’s data protection officer by sending an email to:
The categories of personal data collected by CapX include but are not limited to the following:
- Your Full (Government) Name
- Your date of Birth
- Your Address(s): home, postal, work, email
- Your TRN/Social security number
- Your employment information
- Certified photograph
- Gender / non-Binary etc.