APT Investigations - Process Server and Private Investigator

TERMS & CONDITIONS...

All Services provided to the Client are subject to the following terms and conditions in this agreement. Clients of APT Investigations are deemed to be aware of the terms and conditions of this agreement and accept that they are binding in their entirety. Upon instructing APT Investigations, 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 APT Investigations 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

1.
Appointment

Under this agreement APT Investigations 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 September 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 APT Investigations current rates agreed prior to instruction.

3.

Terms of payment
The Client shall pay all invoices within 28 days of the date of the invoice unless otherwise agreed in writing. APT Investigations 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.

4.

Liability
APT Investigations’ 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.

5.

Client’s Property
(a) The Client’s property and all property supplied to APT Investigations or its
Approved Provider(s) by or on behalf of the Client shall, while it is in the
possession of APT Investigations 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) APT Investigations 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, APT Investigations 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 APT Investigations 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 APT Investigations unless expressly permitted to do so by APT Investigations 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 APT Investigations and damages would not be an adequate remedy. In the event of a breach or threatened breach by the Client, APT Investigations 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 APT Investigations against all costs, claims, demands and liabilities arising directly or indirectly out of such breach.

9.

Sources
APT Investigations shall not be required to divulge either its sources of information or its procedures for obtaining it.

10.

Re-checks
Re-checking information at APT Investigations expense will be undertaken only if APT Investigations is notified in writing within 28 days of APT Investigations dated report including full itemised proof that APT Investigations 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. APT Investigations reserves the right to charge for any work done or any costs incurred at APT Investigations current rates in force from time to time.

12.

Force majeure
APT Investigations 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 majuere event.

13.

The Client may not assign or transfer any rights and/or obligations under this agreement without APT Investigations prior written consent. APT Investigations 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 APT Investigations 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 APT Investigations 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

APT Investigations

APT Investigations and any associated company of APT Investigations group of companies

Client

means the person, firm or organisation from whom instructions have been given to APT Investigations and whose details are set out on this form.

Services

means such of APT Investigations tracing, process serving, Investigative Service, Surveillance, reporting, investigations, Witness Statement Taking, 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 APT Investigations may notify to the Client from time to time.