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TERMS & CONDITIONS
Seagal Investigations Limited – Terms & Conditions
All Services provided to the Client are subject to the following terms and conditions in this agreement. Clients of Seagal Investigations Limited are deemed to be aware of the terms and conditions of this agreement and accept that they are binding in their entirety. Prior to comencement of any services provided to the client it is assumend that the Terms and Conditions herewith are accepted in full unless otherwise stated in writing prior to commencement of any work undertaken.
1.
Appointment
Under this agreement Seagal Investigations Limited may appoint its Approved Providers/Agents to carry out the Services as and when we feel it is appropriate.2.
Price/Fee
All estimates and price arrangements with Clients may from time to time be subject to variation by notice in writing, email or by telephone. All prices for Services are not subjective to Value Added Tax (as of December 2009). All disbursements shall be charged for Services provided as appropriate. Preliminary work carried out, whether experimental or otherwise at the Client’s request shall be chargeable at Seagal Investigations Limited current rates agreed prior to instruction.3.
Terms of payment
Corporate or business clients (a person or organisation trading as a registered business) shall pay all invoices relating to the service of court documents/process serving within 28 days of the date of the invoice unless otherwise agreed in writing; Seagal Investigations Limited withhold the right to change the above terms only on approval from the client, for example; where the total proposed invoice value exceeds £250.00, full payment will be required prior to instructions being carried out.
3.1 Any instructions carried out by Seagal Investigations Limited (either via private, commercial or corporate instruction) other than that defined in (3.0) will only proceed upon full payment (retainer) of the proposed invoice unless otherwise specifically agreed in writing or if the client has an account.
3.2 Seagal Investigations Limited may charge the Client interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 on any overdue amount, payable by the Client immediately on demand, from the due date up to the date of actual payment, after as well as before judgment. Such interest shall accrue on a daily basis and be compounded quarterly.
3.3 Private clients must pay the full balance prior to any instruction carried out on their behalf. Any credit(s) due will be reimbursed within 14 days of completion and both parties are satisfied that the instruction is complete.4.
Liability
Seagal Investigations Limited’ liability to the Client arising by reason of or in connection with this agreement or however otherwise arising shall be limited to £250,000 in respect of any one claim or any series of claims.
Seagal Investigations Limited shall not be held responsible for the loss of a subject whilst conducting Surveillance or observation duties on behalf of the client. Should this scenario arise, the client shall still be held responsible for the remaining balance as per quoted and all fees must be settled in accordance with this agreement. In any case this shall be a minimum of 4 hours at any one time.
5.
Client’s Property
(a) The Client’s property and all property supplied to Seagal Investigations Limited or its
Approved Provider(s) by or on behalf of the Client shall, while it is in the
possession of Seagal Investigations Limited or its Approved Provider(s) or in transit to or from the Client, be at the Client’s own risk unless otherwise agreed and the
Client should insure accordingly.
(b) Seagal Investigations Limited shall be entitled to make a reasonable charge for the storage of any Client’s property and to dispose of any such property if unclaimed
after 3 months.6.
Insolvency
If the Client ceases to pay its debts in the ordinary course of business or is unable to pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person becomes bankrupt or has a bankruptcy petition issued against him, Seagal Investigations Limited without prejudice to other remedies, shall (i) have the right not to proceed further with any contract or any other work for the Client and be entitled to charge for work already carried out and any costs incurred in so doing, such charge to be an immediate debt due by the Client and (ii) in respect of all unpaid debts due from the Client have a general lien on all goods and property in its possession and shall be entitled to retain such goods or property until the Client pays Seagal Investigations Limited all outstanding amounts due.7.
Law
This agreement shall be governed and construed in accordance with the laws of England. Both parties shall submit to the exclusive jurisdiction of the English courts.8.
Confidential Information and data protection
The Client may not disclose any confidential information provided to it by Seagal Investigations Limited unless expressly permitted to do so by Seagal Investigations Limited in writing. Both parties shall comply with the data protection principles set out in the Data Protection Act 1998 in respect of any personal data disclosed in connection with the provision of the Services. The Client acknowledges that breach of this clause could cause injury to Seagal Investigations Limited and damages would not be an adequate remedy. In the event of a breach or threatened breach by the Client, Seagal Investigations Limited shall be entitled to apply for injunctive relief entitled to apply for injunctive relief and/or any other remedy available to it and the Client shall indemnify Seagal Investigations Limited against all costs, claims, demands and liabilities arising directly or indirectly out of such breach.9.
Sources
Seagal Investigations Limited shall not be required to divulge either its sources of information or its procedures for obtaining it.10.
Re-checks
Re-checking information at Seagal Investigations Limited expense will be undertaken only if Seagal Investigations Limited is notified in writing within 28 days of Seagal Investigations Limited dated report including full itemised proof that Seagal Investigations Limited information was incorrect at the date of the report. Failure to do so will constitute acceptance of the report by the Client and the invoice charge will stand.
11.
Cancellation
Cancellation of instructions will only be accepted upon receipt of a written cancellation. Seagal Investigations Limited reserves the right to charge for any work done or any costs incurred at Seagal Investigations Limited current rates in force from time to time. Seagal Investigations Limited reserve the right to cease carrying out any instruction if it is believed unlawful without notice.12.
Force majeure
Seagal Investigations Limited shall be under no liability for any delay or failure to perform its obligations under this agreement if it is unable to carry out any Services for any reason beyond its control, including; without limitation, changes in legislation, war, fire, flood, drought, sickness, injuries, mechanical failure, public transport delays/cancellations, failure of power supply, lock-out strike or other action taken by employees in contemplation of furtherance of a dispute, or owing to any liability to produce materials required to perform the Services. If these matters continue for more than one (1) month, the Client shall be entitled to terminate this agreement by notice in writing, provided the Client pays all outstanding invoices for work done and costs incurred prior to the force majuere event.13.
The Client may not assign or transfer any rights and/or obligations under this agreement without Seagal Investigations Limited prior written consent. Seagal Investigations Limited may assign and/or sub-contract its obligations upon written notice to the Client.
14.
These terms and conditions contain the entire agreement between the parties in relation to its subject matter and supersede all previous conditions understandings commitments, agreements or representations whatsoever whether oral or written (“Pre- Contractual Statement”). The Client acknowledges that they have not agreed to these terms in reliance on any Pre-Contractual Statement made by Seagal Investigations Limited not expressly set out in this agreement. The Client also agrees that the only remedy available to it for breach of this agreement shall be for breach of contract and it shall have no right of action against Seagal Investigations Limited in respect of any Pre-Contractual Statement (other than for fraudulent misrepresentation). This agreement may not be modified or amended except in writing signed by a duly authorised representative of both parties.
DEFINITIONS
Seagal Investigations Limited
Seagal Investigations Limited and any associated company of Seagal Investigations Limited group of companies, which operates from 2 King George Avenue, Bournemouth, Dorset, BH9 1TU
Client
means the person, firm or organisation from whom instructions have been given to Seagal Investigations Limited and whose details are set out on this form.
Services
means such of Seagal Investigations Limited tracing, process serving, Investigative Service, Surveillance, reporting, investigations, Witness Statement Taking, Personal Security Services and any such services of a similar nature requested by the Client.
Approved Provider
means approved, professional agents/associates acting on our behalf, or such other party as Seagal Investigations Limited may notify to the Client from time to time.
Seagal Investigations Limited are active members of the following:
UK Private Investigators Network
UK Process Servers Network
UK Professional Surveillance Network
E-Legal-Gathering
CPW
