Important. By placing an order through the eClaimPack platform you confirm that you have read, understood, and agree to be bound by these Terms and Conditions in full. These Terms constitute a legally binding agreement between you (the Client) and OCC Software Limited. If you do not agree, do not place an order.
PARTIES Agreement Parties
| Service Provider | OCC Software Limited, a company incorporated in Scotland (SC623773), whose registered office is in Glasgow, Scotland ("OCC"). |
| Client | The firm, company, or individual placing an order through the eClaimPack platform, as identified in the order submission ("the Client"). |
| Effective Date | The date on which the Client submits an order request through the eClaimPack platform. |
BACKGROUND Recitals
(A) OCC Software Limited is a technology and data services company. OCC is not a claims management company, is not authorised or regulated by the Financial Conduct Authority, and does not carry out regulated claims management activity as defined under the Financial Guidance and Claims Act 2018 or any associated secondary legislation.
(B) The Client is a regulated entity holding client files relating to claims across one or more claim product types. The Client is responsible for all legal, regulatory, and professional obligations arising from its relationship with those clients, including any obligations under the Financial Conduct Authority rules, the Solicitors Regulation Authority rules, or other applicable regulatory frameworks.
(C) The Client wishes to engage OCC to provide data processing and document generation services in respect of claim data held by the Client, as more particularly described in these Terms.
(D) OCC is willing to provide those services on the terms set out herein, acting solely as a data processor and technology services provider and not as a claims manager, legal adviser, or regulated entity of any kind.
1 Definitions and Interpretation
In these Terms the following words have the meanings set out below:
| Agreement | These Terms and Conditions including all Schedules, as amended from time to time. |
| Claim Output | Any document, report, data file, score, or structured output produced by OCC in the course of providing the Services, including without limitation breach detection reports, viability scores, claim packs, eClaims Litigation Packs, and generated correspondence. |
| Client Data | All personal data, file data, document data, and associated information provided by the Client to OCC for processing under this Agreement. |
| Consumer | Any individual whose personal data is contained in the Client Data, being a client or former client of the Client firm. |
| Data Controller | Has the meaning given in the UK GDPR. |
| Data Processor | Has the meaning given in the UK GDPR. |
| Data Protection Laws | The UK General Data Protection Regulation, the Data Protection Act 2018, and any subordinate legislation or guidance issued thereunder, as amended or replaced from time to time. |
| eClaims Litigation Pack | The complete processed output returned by OCC for each eligible file, comprising the per-claim summary, breach detection report, claim success percentage, quantum calculation, and litigation bundle. |
| Permitted Purpose | The internal review, assessment, and processing of the Client's own active client files for the purpose of identifying and packaging claims for submission by the Client's own regulated fee earners. |
| Services | The data processing and document generation services described in Schedule 1 to this Agreement. |
| UK GDPR | The UK General Data Protection Regulation as retained in UK law by the European Union (Withdrawal) Act 2018, as amended. |
References to clauses and schedules are to clauses and schedules of this Agreement. The singular includes the plural and vice versa. Headings are for convenience only and do not affect interpretation.
2 Nature of OCC's Services and Regulatory Status
2.1OCC provides data processing and technology services only. OCC is not a claims management company and does not carry out claims management activity as defined by the Financial Guidance and Claims Act 2018.
2.2OCC is not authorised or regulated by the Financial Conduct Authority. OCC does not provide legal advice, legal services, or any form of regulated activity under the Financial Services and Markets Act 2000 or any successor legislation.
2.3OCC is not regulated by the Solicitors Regulation Authority and does not provide reserved legal activities as defined by the Legal Services Act 2007.
2.4All Claim Outputs produced by OCC are structured data processing results. They do not constitute legal opinions, claims assessments, regulatory determinations, or any form of professional advice. They are tools provided to the Client for the Client's own independent assessment and use by its qualified personnel.
2.5OCC has no direct relationship with any Consumer whose data is contained in the Client Data. OCC does not act for, advise, or represent any Consumer at any time. The Client remains solely responsible for its relationship with each Consumer.
3 Services
3.1Subject to the terms of this Agreement, OCC shall provide the Services to the Client as described in Schedule 1.
3.2OCC shall perform the Services with reasonable skill and care using its proprietary data processing infrastructure and AI-assisted assessment engines.
3.3OCC makes no warranty, representation, or guarantee that any Claim Output will result in a successful claim, a finding of liability against any lender or other party, or any recovery for any Consumer. The viability and merit of any claim is a matter for the Client's own qualified legal assessment.
3.4OCC reserves the right to decline to process any file or dataset where, in its reasonable opinion, processing would require OCC to carry out regulated activity or would otherwise place OCC in breach of applicable law.
4 Client Obligations and Regulatory Responsibility
4.1The Client warrants and represents that it holds all necessary regulatory authorisations, licences, and permissions required to conduct claims management activity, provide legal services, and handle Consumer personal data in connection with the claim types submitted for processing.
4.2The Client accepts sole responsibility for compliance with all applicable regulatory requirements including without limitation FCA rules, SRA rules, the Consumer Duty, ICO guidance, and any other regulatory obligations arising from its relationship with Consumers.
4.3The Client shall ensure that all Claim Outputs received from OCC are independently reviewed and verified by a qualified fee earner or solicitor within the Client firm before any use, submission, or reliance upon them.
4.4The Client shall not represent to any Consumer, court, regulator, or third party that any Claim Output has been produced by a solicitor, FCA-regulated entity, or claims management company. The Client shall not misrepresent the nature or origin of OCC's outputs.
4.5The Client shall use Claim Outputs solely for the Permitted Purpose and shall not share, sell, sublicence, or otherwise distribute them to any third party without the prior written consent of OCC.
4.6The Client shall provide OCC with accurate, complete, and lawfully obtained Client Data. The Client warrants that it has the right to share Client Data with OCC for processing under this Agreement and that doing so does not breach any obligation owed to any Consumer or third party.
5 Data Protection
5.1For the purposes of Data Protection Laws, the Client is the Data Controller and OCC is the Data Processor in respect of all Consumer personal data contained in the Client Data.
5.2OCC shall process Consumer personal data only on documented instructions from the Client and solely for the Permitted Purpose. OCC shall not process Consumer personal data for any other purpose without the Client's prior written consent.
5.3OCC shall implement appropriate technical and organisational measures to protect Consumer personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage. All data is held in UK data centres. OCC holds ISO 27001 certification and AICPA SOC 2 accreditation for security and data controls.
5.4OCC shall not transfer Consumer personal data outside the United Kingdom without the prior written consent of the Client and without ensuring that appropriate safeguards are in place as required by Data Protection Laws.
5.5OCC shall notify the Client without undue delay and in any event within 48 hours upon becoming aware of any personal data breach affecting Consumer personal data held under this Agreement.
5.6OCC shall assist the Client, to the extent reasonably practicable, in responding to data subject requests made by Consumers under Data Protection Laws. The Client acknowledges that OCC has no direct relationship with Consumers and that all data subject responses are the responsibility of the Client as Data Controller.
5.7OCC shall delete or return all Consumer personal data to the Client upon termination of this Agreement, and shall certify such deletion or return in writing within 30 days of the termination date, unless retention is required by applicable law.
5.8OCC's ICO registration number is ZB650879. The Client shall maintain its own ICO registration as required by Data Protection Laws.
6 Indemnity and Liability
6.1The Client shall indemnify, defend, and hold harmless OCC and its officers, employees, and agents against any and all claims, losses, damages, costs (including legal costs on an indemnity basis), fines, penalties, and regulatory sanctions arising from or in connection with:
- the Client's use of any Claim Output in breach of this Agreement;
- any claim by a Consumer arising from the Client's handling of that Consumer's file or claim;
- any regulatory action taken against the Client or OCC arising from the Client's regulatory non-compliance;
- any misrepresentation by the Client as to the nature or origin of OCC's outputs;
- any breach by the Client of its obligations under Data Protection Laws as Data Controller.
6.2OCC's total aggregate liability to the Client under or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client to OCC in the three months immediately preceding the event giving rise to the claim.
6.3OCC shall not be liable for any indirect, consequential, special, or punitive loss or damage, loss of profits, loss of revenue, loss of opportunity, or loss of goodwill, whether or not such losses were foreseeable or OCC had been advised of their possibility.
6.4Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by applicable law.
7 Output Disclaimer and Permitted Use
7.1Every Claim Output produced by OCC shall carry the following disclaimer, which forms part of this Agreement and must not be removed or altered by the Client:
OUTPUT DISCLAIMER: This document has been produced by OCC Software Limited (SC623773) as a data processing output under instruction from the Client firm named in the accompanying Terms and Conditions. OCC Software Limited is not a claims management company, is not authorised or regulated by the Financial Conduct Authority, and is not a solicitor or law firm. This output does not constitute legal advice and has not been produced by a regulated legal or claims entity. It must be independently reviewed and verified by a qualified fee earner or solicitor within the instructing firm before any use, submission, or reliance. OCC Software Limited accepts no liability for the use of this output beyond the terms of the Agreement in force between OCC and the instructing firm.
7.2The Client acknowledges and accepts the disclaimer set out in clause 7.1 and confirms that it will ensure all fee earners handling Claim Outputs are made aware of its terms.
7.3The Client shall not alter, remove, or obscure the disclaimer from any Claim Output under any circumstances.
7A Platform-Collected Data
7A.1Where the Client operates a consumer-facing platform or portal as a feature of its eClaimPack platform licence, any consumer data collected by the Client through that platform and subsequently passed to OCC for processing shall be treated as Client Data under this Agreement and processed solely under the Permitted Purpose.
7A.2The Client is the operator of any such consumer-facing platform and is solely responsible for its terms of service with consumers, its regulatory compliance obligations arising from operating the platform, and all consumer-facing communications made through it. OCC has no role in operating the platform, no relationship with any consumer who creates an account on it, and no liability arising from the Client's operation of the platform or its consumer-facing communications.
7A.3Data collected through the Client's platform and passed to OCC for processing requires no additional instruction or agreement beyond this Agreement. The existing permitted purpose and data processing obligations in this Agreement apply in full to all such data.
7A.4The Client warrants that it holds all necessary regulatory permissions to operate any consumer-facing platform and to collect consumer data through it, and that its operation of any such platform complies with all applicable regulatory requirements including without limitation FCA rules, SRA rules, the Financial Guidance and Claims Act 2018, and the Consumer Duty.
8 Confidentiality
8.1Each party shall keep confidential all information of a confidential nature received from the other party in connection with this Agreement and shall not disclose it to any third party without the prior written consent of the disclosing party, except as required by law or regulation.
8.2OCC shall treat all Client Data as confidential and shall not use it for any purpose other than providing the Services.
8.3The obligations of confidentiality in this clause shall survive termination of this Agreement for a period of five years.
9 Term and Termination
9.1This Agreement shall commence on the Effective Date and shall continue until terminated by either party on not less than 30 days' written notice, unless terminated earlier in accordance with this clause.
9.2Either party may terminate this Agreement immediately on written notice if the other party commits a material breach of this Agreement that is incapable of remedy, or that the other party fails to remedy within 14 days of written notice requiring it to do so.
9.3Either party may terminate this Agreement immediately on written notice if the other party becomes insolvent, enters administration, liquidation, or receivership, or is subject to any analogous event in any jurisdiction.
9.4OCC may terminate this Agreement immediately on written notice if continuing to provide the Services would, in OCC's reasonable opinion, require OCC to carry out regulated activity or would place OCC in breach of applicable law or regulatory guidance.
9.5On termination of this Agreement for any reason, all outstanding fees become immediately payable, OCC shall cease processing Client Data, and each party shall return or certify destruction of the other party's confidential information in accordance with clause 8.
10 Fees and Payment
10.1The Client shall pay OCC's fees in accordance with Schedule 2 to this Agreement.
10.2OCC shall issue invoices within one business day of order confirmation. All invoices are payable within 14 days of the invoice date.
10.3All fees are exclusive of VAT, which shall be charged in addition at the prevailing rate. OCC's VAT registration number is 459 5682 38.
10.4OCC reserves the right to suspend the Services without liability if any invoice remains unpaid for more than 21 days after the due date, following written notice to the Client.
11 General
11.1This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior representations, agreements, and understandings.
11.2No variation of this Agreement shall be valid unless made in writing and signed by authorised representatives of both parties.
11.3If any provision of this Agreement is held to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force.
11.4Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party, not to be unreasonably withheld.
11.5This Agreement shall be governed by and construed in accordance with Scots law. The parties submit to the exclusive jurisdiction of the Scottish courts.
11.6Any notice under this Agreement shall be in writing and delivered by email with read receipt or by recorded post to the address of the receiving party as set out in the order confirmation or as otherwise notified in writing.
Schedule 1: Description of Services
OCC shall provide the following data processing and document generation services to the Client:
1. File Ingestion and Data Processing
- Receipt and secure ingestion of Client Data transferred by the Client in any agreed format via secure transfer.
- Parsing, normalisation, and structuring of Client Data for processing by OCC's assessment engines.
- Multi-product routing across all 12 live claim products and 35-plus sub-products.
2. Assessment and Scoring
- Automated breach detection across each file using eight AI assessment engines applying product-specific criteria.
- Claim success percentage calculated from breach evidence strength and data completeness for each processed file.
- Viability scoring and priority tiering based on discovered claim value.
3. Quantum Calculation and Document Generation
- Full claim quantum calculation for every eligible file, court-ready, including statutory interest where applicable.
- Generation of per-claim summary, breach detection report, claim correspondence, and litigation bundle.
- All documentation produced to litigation-standard specification.
4. Output Delivery
- Return of all eClaims Litigation Packs to the Client in agreed format via secure transfer.
- Portfolio report including total claims identified, tier distribution, aggregate quantum, and average success percentage.
- All outputs to carry the Output Disclaimer set out in clause 7.1.
OCC's Services do not include legal advice, claims submission, Consumer communication, regulatory compliance advice, or any activity constituting claims management under the Financial Guidance and Claims Act 2018. All such activities remain the sole responsibility of the Client.
Schedule 2: Fees and Payment
All fees are exclusive of VAT. VAT charged at the prevailing rate. OCC VAT registration 459 5682 38.
| Service Element | Structure | Rate |
|---|---|---|
| eClaims Litigation Pack | Per file processed and returned. Tier assigned post-assessment based on discovered claim value. Client notified before any enhanced fee applied. | £3.99 to £8.99 per file |
| Standard (T1) | Entry level. Standard breach, clear case. | £3.99 |
| Complex (T2 to T3) | Enhanced analysis required. | £4.99 to £5.99 |
| Maximum (T4 to T5) | Multi-agreement, high-value DCA, deep forensic architecture. | £6.99 to £8.99 |
| Minimum Order | Minimum 250 files per order. | 250 files |
| Managed Service | Monthly arrangement, quoted on agreed volume. | Quoted separately |
Volume discounts are available for portfolios above 50,000 files. Contact admin@occ-uk.com to discuss volume pricing. All invoices are payable within 14 days of issue. OCC reserves the right to suspend services where invoices remain unpaid for more than 21 days following written notice.