These terms of business set out the basis on which we shall conduct all matters undertaken for you and shall be read in accordance with any covering letter, email or other communication. Any differences arising in respect of individual matters shall be notified to you in writing.
2.1 The cost of our services shall be indicative of the type of work undertaken and it is normal procedure for us to provide a quotation in each instance. If there are any changes in your instructions or in the circumstances of the matter at any time these shall be reflected, as we deem fit, in an amended quotation which shall be provided to you at the earliest opportunity. In the event that we are unable to provide a quotation we shall keep you informed of the work in progress on a periodic basis or upon your request.
2.2 Where it is necessary to instruct a third party on your behalf, including but not limited to external investigators, to assist with your matter we shall do so as your agent and you shall be responsible for payment of their fees.
2.3 Our cost / charges are not based on results and are based on the service we provide.
3. Payment on Account
From time to time we may ask you to let us have monies generally on account for initial costs and disbursements and settlement of third parties’ fees. Any request for any such monies shall not be an estimate or cap on any fee or costs and unless payment was made for a specified purpose, may be used to meet our fees when invoiced to you.
We prefer to bill at the conclusion of a matter however we reserve the right to render interim invoices to you during the course of the matter. If in the event you have any particular billing requirements please advise us prior to us commencing work.
5. Payment of Invoices
Our bills are payable upon receipt and we reserve the right to charge interest and other charges under the Late Payment of Commercial Debts (Interest) Act 1998.
We hope that you will have no reason to complain about the services we provide to you. However in the event that you are not satisfied please direct your complaint to us in the first instance. All complaints made to us will be handled in an efficient manner and we will strive to solve them quickly. In the event that you remain dissatisfied then you are at liberty to resort to the Disciplinary procedures available against the individual member through the Association of British Investigators, www.theABI.org.uk
The services we provide you, which shall include any information or advice given to you, is based solely on the information you have given to us and does not constitute advice to any third party to whom you may communicate it.
8. Rights of Third Parties
8.1 Our duties are owed only to the individual/company whose instructions we are acting upon and we disclaim any liability to any other person. Unless specifically agreed in writing by us in advance, you agree that you will not be acting for another person/company.
8.2 The terms on which we are acting on your matters (contained herein or otherwise) are intended to be enforceable solely by the instructing party and us.
8.3 We do not accept any liability for services or information provided by any third parties instructed by us on your behalf in respect of your matters.
9.1 We will treat as confidential all information concerning your business affairs received as a result of your instructions and not to disclose the information to any third party save to those persons whom we deem necessary to inform unless such information (a) is or becomes generally available to the public or (b) is required to be disclosed in any jurisdiction by any law.
9.2 We reserve the right to require you to enter into a separate confidentiality agreement should we deem it necessary.
9.3 We reserve the right to act on behalf of other individuals/companies who operate in your area or related area subject to our obligations of confidentiality referred to above.
9.4 For the purpose of law enforcement and/or fraud awareness/prevention or enforcement it is agreed that personal data acquired by us in the course of your instructions may be shared at our discretion.
From time to time we may wish to issue publicity about our company and where there is no objection from our clients in respect of their specific matters we like to identify certain individuals/companies and their particular transactions including its nature and the parties involved. In the event that this is unacceptable to you please let us know, otherwise we shall proceed on the basis that we are free to provide details in relation to you, when appropriate.
We shall communicate with such of your officers, staff and other advisers as appears to us to be appropriate. If however you have any specific security requirements relating to the communication of information to you or your company (as the case may be) then please let us know.
We reserve the right to terminate the provision of our services to you by providing two weeks written notice delivered to your address. You may also terminate your instructions to us on any matter at any time by providing us with written notification. Notwithstanding any termination by either of us you agree to pay any outstanding fees and costs incurred up to the date of termination or the fixed fee agreed.
If at the end of each matter you wish us to return or forward to you or others or deposit in safe custody any documentation, which we have acquired from you or on your behalf in respect of such matter, please provide written instructions of the same. In the event that we receive no instructions we shall retain such documentation on our files for a period at our discretion not exceeding 12 months. Any subject access requests received will be dealt with by you or under your instructions and within the provisions of the governing Data Protection regulations.
14. Variation of Terms
We reserve the right to amend or supplement any terms herein contained generally or specific to any matter by providing notice in writing.
15. Governing Law
These terms of business are governed by and shall be construed in accordance with the laws of the jurisdiction applicable to our head office and you agree to submit to the exclusive jurisdiction of the Courts therein.
16. Compliance / Training & CPD
16.1 For the avoidance of doubt the instructions are accepted on the basis that our services are conducted under the direction of the client and as such we are deemed the Data Processor and the client, and/or the principal is deemed Data Controller. The handling of personal data will be in accordance with your instructions and direction and in accordance with the model Data Protection Policy published by The Association of British Investigators www.theABI.org.uk
16.2 All instructions are carried out with due consideration given to the provisions and requirements of The Bribery Act 2010 and accordingly no part of the investigation will be conducted in breach thereof.
16.3 We are affiliated to The Association of British Investigators and subject to (a) the Code of Ethics & Professional Standards http://www.theabi.org.uk/about-the-association/code-of-ethics, and (b) its programme of training and continuing professional development.