Terms & Conditions
TERMS & CONDITIONS of Able Investigations (UK) Limited
All Services provided to the Client are subject to the following terms and conditions in this agreement. Clients of Able Investigations UK Limited are deemed to be aware of the terms and conditions of this agreement and accept that they are binding in their entirety. Upon instructing AIS, either using verbal or written communication you are here on in entering into a legally binding agreement that binds you as the client/customer to pay in full our rates and reasonable expenses and binds AIS to carry out the work to the best of our professional ability and to conclude the work in either a written documented or verbal report
Appointment
Under this agreement AIS may appoint its Approved Providers/Agents to carry out the Services as and when we feel it is appropriate.
Fees
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. 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 AIS current rates agreed prior to instruction.
Terms of payment
The Client shall pay all invoices within 28 days of the date of the invoice unless otherwise agreed in writing. AIS 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. Liability
AIS’s liability to the Client arising by reason of or in connection with this agreement or however otherwise arising shall be limited to £175, 000 in respect of any one claim or any series of claims.
Client’s Property
The Client’s property and all property supplied to AIS or its Approved Provider(s) by or on behalf of the Client shall, while it is in the possession of AIES Investigations or its Approved Agent or in transit to or from the Client, be at the Client’s own risk unless otherwise agreed and the Client should insure accordingly. AIS 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
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, AIS 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 AIS all outstanding amounts due.
This Agreement
This agreement shall be governed and construed in accordance with the laws of England & Wales. Both parties shall submit to the exclusive jurisdiction of the English & Wales Courts.
Confidential Information and Data Protection
The Client may not disclose any confidential information provided to it by AIS unless expressly permitted to do so by AIS 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 AIS and damages would not be an adequate remedy. In the event of a breach or threatened breach by the Client, AIS 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 AIS against all costs, claims, demands and liabilities arising directly or indirectly out of such breach.
Sources
AIS shall not be required to disclose its sources of information or it procudures.
Cancellation of Assignment
Cancellation of instructions will only be accepted upon receipt of a written cancellation. AIS reserves the right to charge for any work done or any costs incurred at AIS current rates in force from time to time.
Cas Fortuit
AIS 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, 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 majeure event
The Client may not assign or transfer any rights and/or obligations under this agreement without AIS prior written consent. AIS may assign and/or sub-contract its obligations upon written notice to the Client
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 AIS 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 AIS 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
AIS
AIS and any associated company of AIS group of companies, to include: Bristol Investigations, European Process Servers, & Able Investigations & Enforcement Solutions, theses are all trading names of Able Investigations (UK) Limited and no use of the name or Able’s Logo can be reproduced without the consent of the Directors.
Client
Means the person, firm or organisation from whom instructions have been given to AIS and whose details are set out on this form.
Services
Means such of AIS tracing, process serving, Investigative Service, Surveillance, reporting, investigations, Witness Statement Taking, and any such services of a similar nature requested by the Client.
Approved Agents
Means approved, professional agents/associates acting on our behalf, or such other party as AIS may notify to the Client from time to time.