Terms

Formation of contract –

Fairclough & Partners (The Company) will conduct business only on the following terms & conditions, which:

A. Can only be varied in writing by The Company.

B. Will override any terms stipulated or referred to by the customer in any communication when dealing with The Company, and

C. Supersede any prior representation, written or oral, made to the customer by The Company.

Services –

The Company agrees to provide process serving, information, general and inter agency services.

Price of services –

All prices to clients for services will be charged based on The Company’s current fee charges at the time of instruction unless otherwise stated.

Payment –

The Company will invoice the customer for services upon completion of that service or at stages agreed by The Company.

The invoice will be payable in accordance with the stated terms which can be found at the foot of the invoice, these being immediate or within 28 days after the invoice date.

The Company reserve the right to request a full deposit of the final estimated invoice before commencement of services with any overpayments being refundable within 28 working days from the date of invoice.

Statutory interest will be charged on all commercial accounts not paid within 28 days.

Interest at 8% above Base Rate will be charged and may be applied on any overdue accounts.

Invoices not paid in accordance with our stated terms may result in legal proceedings/court proceedings.

Any queries regarding invoices should be made in writing, within fourteen days of the invoice date, after which the invoice will be deemed as having been accepted.

Agreement –

By placing an order for The Company services the client states that –

1. I understand and agree that The Company will perform all services and investigations according to its own methods in accordance with all English laws and within the scope of authorisation and operation as requested by the client. The Company reserves the right to use the services of a selected contractor without notification to the client, and whilst every effort will be made by The Company to ensure selected contractors act within The Company terms and ethics, the contractor remains ultimately responsible for his / her own actions and The Company holds no liability. Unless otherwise provided in writing The Company does not guarantee success or desired results in any business undertakings and that a lack of successful or desired results does not relieve the client of responsibility for payment for services rendered. The Company agrees to provide services to the best of its ability and will submit a verbal and /or written report if so required, to the client with respect to same.

2. I understand and agree that no record, set of records, or report referencing records, submitted by The Company or a contractor of The Company, is acceptable for use as evidential material in any court proceeding. It is the sole responsibility of Client to obtain evidential verification of all information provided if the recipient is in need of information which is of evidential quality. Information is obtained from a multitude of public and private databases, record keeping systems and other sources, over which The Company and/or its contractors have no control. These are fallible electronic and human sources and there can be absolutely no warranty expressed or implied as to the accuracy, completeness, timeliness, or availability of the records listed, nor to the fitness for the purpose of the recipient of such records or reports. Information provided may be limited or not completely current. There can be absolutely no guarantee that the information pertains to, or pertains exclusively to, the search criteria information which was submitted by Client.

3. I will defend, indemnify and hold harmless The Company from any and all claims or actions (including reasonable legal fees) brought against The Company in connection with any use of the information that I have requested, which is contrary to any law or regulation.

4. Notwithstanding anything in writing to the contrary, under no circumstances will The Company provide Client a refund for Services on which work has begun.

5. Client agrees that there will be no attempt made by Client to reverse, refund, contest, dispute, charge-back or otherwise stop payment of any fees owed to The Company for services rendered under this agreement.

6. The client agrees to provide 48 hours notice of cancellation of any booked time or service and to accept billing for services booked should notice not be given.

7. The client understands that all time scales for services are estimated and cannot be guaranteed; any run over on these time frames will not invalidate these Terms & Conditions.

The Company will only provide information to the customer on the understanding that it is not to be used in any way that will breach any relevant laws, court orders, injunctions or any form of legal documentation forbidding forms of contact with the subject of enquiry. If such documents exist between the customer or their representative and the subject of enquiry then our services may not be used.

Proper law –

These terms & conditions shall be governed by English Law and any dispute arising out of or in connection with the same shall be determined by the English Courts.