1.
Terms
and Conditions of: - “CheatingPartnerDetectives.co.uk” and or any of its
associated companies.
2.
In these conditions the following words have the
following meanings:
2.1.
“Contract” means a contract which incorporates
these conditions and made between the Company and the Client for Services or
the hire of Hire Equipment;
2.2.
“Deposit” means any advance payment required by the Company in
relation to a contract which is to be held by the Company as security;
2.3.
“Force Majeure” means any event outside a
party’s reasonable control including but not limited to acts of God, war,
flood, fire,
labour disputes, strikes, sub- contractors, lock-outs,
riots, civil commotion, malicious damage, explosion;
2.4.
“Hire ”
means any item, together with any accessories hired to the Client as specified
in a Contract ;
2.5.
“Hire Period” means the period commencing when
the Client holds the Hire Equipment on hire (including Saturdays Sundays and
Bank Holidays) and ending upon the happening of any of the following events:
(i) the physical return of the Hire Equipment by the Client into the Companies
possession; or (ii) the physical repossession or collection of Hire Equipment
by the Company;
2.6.
“Liability” means liability for any and all damages, laims,
proceedings, actions, awards, expenses, costs and any other losses and/or
liabilities;
2.7.
“Rental” means our charging rate for the hire of
the Hire Equipment which is current from time to time during the Hire Period;
2.8.
“Services” means the services and/or work (if any) to be performed
by the Company for the Client in conjunction with the hire of Hire Equipment
including any delivery and/or collection.
2.9.
“We” or “the Company” means
“CheatingPartnerDetectives.co.uk” or any of its associated companies, as specified in the Contract and will include its employees, agents and/or
duly authorised representatives;
2.10.
“The Client” or “you” means the person, firm,
company or other
organisation engaging the Companies services or hiring Hire
Equipment, and “your” shall be construed accordingly;
2.11.
“Hire Equipment” means any item, together
with any accessories hired to the Client as specified in a Contract.
3.
Services
3.1.
The
Company agrees to provide general services.
4.
Basis of Contract
4.1.
Services are engaged subject to them being available
for engagement at the time required by the Client. The Company will not be
liable for any loss suffered by the Client because the Services are unavailable
for engagement where this is due to circumstances beyond our control.
4.2.
Hire Equipment are hired subject to them being
available for hire at the time required by the Client. The Company will not be
liable for any loss suffered by the Client because the Hire Equipment is
unavailable for hire where this is due to circumstances beyond our control.
4.3.
If the Client is an individual and the hire
would be covered by the Consumer Credit Act 1974 the Hire Period shall not
exceed 3 months, after which time the Contract shall be deemed to have
automatically terminated. Accordingly the hire of any Hire Equipment is not
covered by the Consumer Credit Act 1974.
4.4.
Nothing in this Contract shall exclude or limit
any of the Client’s statutory rights to the extent they may not be excluded or
limited because the Client is acting as a consumer. Where the Client is acting
as a consumer any provision which is marked with an asterisk (*) may, subject
to determination by the Courts, have no force or effect. For further
information about the Client’s statutory rights contact your local authority
Trading Standards Department or Citizens Advice Bureau.
5.
Price of Services
5.1.
The
price of the service provided to the client by the Company shall be based upon
the Fees by reference to Time Spent or as agreed out the outset of order.
5.2.
The
Company keep a record of the time spent upon clients business, by both our
detectives and their assistants ("fee earners"). The Client will be
advised as to the fee per hour of the fee earners who are likely to work on the
Clients case.
5.3.
Our
standard daily rate is between the hours of 9am to 6pm, Monday to Friday. Any
hours worked outside of these hours have an additional 20% fee. After midnight
a further 10% and Bank holidays and Weekends 25%
6.
Assessment of Charges
6.1.
Some
work, in which the time to be spent can be predicted with confidence, can be
the subject of a fixed quotation. In other types of work The Company are only
able to give an estimate of the cost, based upon the information known from the
outset. If circumstances change resulting in additional work that could not
have been foreseen, The Company will agree with the Client the basis of fee for
the additional work.
7.
Payment
7.1.
The
Company will invoice the Client for the current price of the service upon
completion, or at agreed stages.
7.2.
Payment
will be before commencement of services. Subject to credit being allowed to the
Client by the Company invoices shall be payable within 30 days of the invoice
date.
7.3.
You shall pay to us the Rental, charges for any
Services, and/or any other sums payable under the Contract at the time and in
the manner agreed. Our prices are, unless otherwise stated, exclusive of any
applicable VAT which you shall also pay.
7.4.
Payments by you on time are an essential
condition of the Contract. Payment shall not be deemed to be made until we have
received either cash or cleared funds in respect of the full amount
outstanding.
7.5.
*If you fail to make any payment in full on the
due date we may charge you interest (both before and after judgment) on the
amount unpaid at the rate of 4% above the base rate from time to time of HSBC
Bank plc. This interest shall be compounded with quarterly rests.
7.6.
*You shall pay all sums due to us without any
set-off, deduction, counterclaim and/or any other withholding of monies.
7.7.
We may set a reasonable credit limit for you. We
reserve the right to terminate or suspend the Contract if allowing it to
continue would result in you exceeding your credit limit or the credit limit is
already exceeded.
7.8.
The
client shall indemnify the Company against any legal costs which it may
reasonably incur to recover its invoice sum. In matters in which The Company
hold monies due to the Client The Company reserve the right to retain monies
with which to pay accounts delivered and to account to the Client for the
balance.
7.9.
Upon
the Company and their clients agreement of supplying one weeks service this
would be a seven day period, the Company shall have access and be able to
retrieve their equipment on or before the seventh day, upon the Company not
having access and not being able to retrieve the equipment the Company will be
entitle to charge any part of the following weeks period as a full week i.e.
seven days, until such time as the Company have the equipment back in their
possession.
7.10.
The amount of any Deposit, Rental and/or charges
for any Services shall be as quoted to you. Where a Deposit is required, it
must be paid in advance of you hiring the Hire Equipment. We may also require
an initial payment on account of the Rental in advance of you hiring the Hire
Equipment.
8.
Expenses
8.1.
Expenses
that occur on or as part of the case, as an external expense to the Company.
Including fees paid to third parties for such matters as expert’s reports,
registration fees. The Company reserve the right to ask the Client to fund
proper expenses incurred or to be incurred in connection with the client’s
affairs, as and when they arise.
8.2.
Mileage
60pence per mile.
9.
Risk Ownership and Insurance
9.1.
Risk in the Hire Equipment will pass immediately
to you when they leave our physical possession or control.
9.2.
Risk in the Hire Equipment will not pass back to
us until they are back in our physical possession. This shall apply even if we
have agreed to cease charging the Rental.
9.3.
Ownership of the Hire Equipment remains with us at
all times. You have no right, title or interest in the Hire Equipment except
that they are hired to you.
9.4.
You must not deal with the ownership or any
interest in the Hire Equipment. This includes but is not limited to selling,
assigning, mortgaging, pledging, charging, securing, hiring, withholding,
exerting any right to withhold, disposing of and/or lending. However you may
re-hire the Hire Equipment to a third party with our prior written consent.
9.5.
We may provide reasonably priced insurance of
the Hire Equipment at additional cost to the Rental. Alternatively we may
require you to insure the Hire Equipment on such reasonable terms and for such
reasonable risks as we may specify. The proceeds of any such insurance shall be
held by you in trust for us and be paid to us on demand. You must not
compromise any claim in respect of the Hire Equipment and/or any associated
insurance without our written consent.
10.
Delivery, Collection and Services
10.1.
It is your responsibility to collect the Hire
Equipment from us and return them to us at the end of the Hire Period. If we
agree to deliver or collect the Hire Equipment to and/or from you, we will do
so at our standard delivery cost and such delivery and/or collection will form
part of the Services.
10.2.
Where we provide Services the persons performing
the Services are deemed to be your servants or agents and they are under your
direction and control. You shall be solely responsible for any instruction,
guidance and/or advice given by you to any such person and for any damage which
occurs as a result of such person following your instructions, guidance and/or
advice except to the extent that such person is negligent.
10.3.
You will allow and/or procure sufficient access
to and from the relevant site and sufficient unloading space, facilities,
equipment and access to power supplies and utilities for our employees,
sub-contractors and/or agents to allow them to carry out the Services. You will
ensure that the site where the Services are to be performed is, where
necessary, cleared and prepared before the Services are due to commence.
10.4.
If any Services are delayed, postponed and/or
cancelled due to you failing to comply with your obligations you will be liable
to pay our additional standard charges from time to time for such delay,
postponement and/or cancellation except where you are acting as a consumer and
the delay is due to a Force Majeure event.
11.
Care of Hire Equipment
11.1.
You shall:-
11.1.1. not remove any labels from and/or interfere with the Hire Equipment,
their working mechanisms or any other parts of them and take reasonable care of
the Hire Equipment and only use them for their proper purpose in a safe and
correct manner in accordance with any operating and/or safety instructions
provided or supplied to you;
11.1.2. notify us immediately after any breakdown, loss and/or damage to the
Hire Equipment;
11.1.3. take adequate and proper measures to protect the Hire Equipment from
theft, damage and/or other risks;
11.1.4. notify us of any change of your address and upon our request provide
details of the location of the Hire Equipment;
11.1.5. permit us at all reasonable times to inspect the Hire Equipment
including procuring access to any property where the Hire Equipment are
situated;
11.1.6. keep the Hire Equipment at all times in your possession and control and
not remove the Hire Equipment from the
11.1.7. be responsible for the conduct and cost of any testing, examinations
and/or checks in relation to the Hire Equipment required by any legislation,
best practice and/or operating instructions except to the extent that we have
agreed to provide them as part of any Services;
11.1.8. not do or omit to do any thing which will or may be deemed to invalidate
any policy of insurance related to the Hire Equipment which is notified to you;
11.1.9. not continue to use Hire Equipment where they have been damaged and will
notify us immediately if the Hire Equipment are involved in an accident
resulting in damage to the Hire Equipment, other property and/or injury to any
person; and
11.1.10. where the Hire Equipment require fuel, oil and/or electricity ensure
that the proper type and/or voltage is used and that, where appropriate, the
Hire Equipment are properly installed by a qualified and competent person.
11.1.11. The Hire Equipment must be returned by you in good working order and
condition (fair wear and tear excepted) and in a clean condition together with
all insurance policies, licences, registration and other documents relating to
the Hire Equipment.
12.
Loss or Damage to the Hire Equipment
12.1.
If the Hire Equipment are returned in damaged,
unclean and/or defective state except where due to fair wear and tear and/or an
inherent fault, you shall be liable to pay us for the cost of any repair and/or
cleaning required to return the Hire Equipment to a condition fit for re-hire
and to pay the Rental, in accordance with clause 12.3, until such repairs
and/or cleaning have been completed.
12.2.
You will pay to us the replacement cost of any
Hire Equipment which are lost for whatever reason, stolen and/or damaged beyond
economic repair during the Hire Period less the amount paid to us under any
policy of insurance taken out in accordance with these conditions.
12.3.
You shall pay the Rental up to and including the
date you notify us that the Hire Equipment have been lost, stolen and/or
damaged beyond economic repair. From that date until we have replaced such Hire
Equipment you shall pay, as a genuine pre-estimate of lost rental profit, a sum
as liquidated damages equal to two thirds of the Rental that would have applied
for such Hire Equipment for that period. We shall use our reasonable commercial
endeavours to purchase replacements for such Hire Equipment as quickly as
possible using the monies paid under clause 12.2.
13.
Liability
13.1.
The
Company shall not be liable for loss and/or damages sustained by the client by
reason of any cause whatsoever.
13.2.
The
Company shall not be liable for loss and/or damage sustained by the Client
resulting from any acts, errors or omissions by the Company or its employees.
13.3.
The
Company shall not be liable for loss and/or damage sustained by the Client
resulting from any reliance placed upon information provided to the Client by
the Company.
14.
Termination of Retainer
14.1.
If
these terms of business are not complied with The Company reserve the right to
suspend work on the your file and any other current file and /or withdraw from
the retainer.
15.
Personal Responsibility For Costs
15.1.
The
Company are obliged by professional rules to inform our clients in contentious
Company matters:-
15.1.1. they will remain personally
responsible for their solicitors costs regardless of any Order made for costs
against an opponent.
15.1.2. of the probability that if
they lose they will have to pay their opponents costs as well as their own.
15.1.3. that if they win an Order for
costs against their opponent, is not likely to cover all their costs incurred
with their own solicitor and their opponent may not be capable of paying what
he has been ordered to pay.
15.1.4. if their opponent is legally
aided they are unlikely to be entitled to enforce an Order for costs made
against him.
16.
Equipment
16.1.
If
there is any lost or damage to any of the Company equipment used, whilst
carrying out our services and in the care and custody of the client, the client
will be liable for the total costs of repair or replacement of any of the
equipment.
17.
Complaints
17.1.
It
is the intention of the Company that our clients receive the best possible
service. The Company regard it as essential therefore that if a client is
dissatisfied, the Company should learn of that dissatisfaction as quickly as
possible in order to take any possible remedial step.
17.2.
If
the Client have any reason to be unhappy with the work carried out on your
behalf the Client must raise the matter immediately with the person carrying
out the work. If the matter is not resolved to the your satisfaction or if the
Client feel unable to raise it with the fee earner who is dealing with the
matter then the Client must raise the matter with a senior member of the
Company.
17.3.
The
senior member of the Company the Client contact will listen to the
circumstances and agree with the Client the action that is to be taken. She
will then investigate the matter and will write to the Client with an
explanation as to what action can be taken. If The Company cannot satisfy the Client
in this way there are other courses available to the Client upon which the
Client will need to take advice from an independent solicitor. The Company hope
this procedure will contribute towards the high level of service The Company
endeavour to supply to our clients.
18.
Law
18.1.
The
client agrees that the client is solely responsible for complying with any
laws, taxes and tariffs applicable in any way to the services contemplated
herein. The client will hold harmless, protect and defend the Company and its subcontractors
and agents from any claim, suit, penalty, tax, fine or tariff or any failure to
comply with any such laws, taxes and tariffs.
19.
Proper Law
19.1.
These
terms and 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.
19.2.
By
the client placing an order for our services or equipment the client agrees to
the Company terms and conditions.
20.
Miscellaneous
20.1.
The
client agrees to provide 48 hours notice of cancellation of any booked time or
services and to accept billing for services booked should such notice not be
given. The client may not withhold payment of any invoice or other amount due
to the Company by reason of any right of set-off or counterclaim which the
client may have or allege to have for any reason whatsoever, or be due any
monies back which are held by the Company as an upfront payment for services.
CheatingPartnerDetectives.co.uk Software License
Agreement
1.
Ownership of Software
1.1. You
acknowledge and agree that all of the computer/phone programs and associated
documentation (collectively, the "Software") are owned exclusively by
CheatingPartnerDetectives.co.uk. You
agree that the price paid by you for the Software is a license fee granting you
only the rights set forth in this License Agreement.
2.
License
2.1. CheatingPartnerDetectives.co.uk
grants to you, and you accept, a limited, non-exclusive and revocable license
to use the Software, in machine-readable, object code form only. You agree to use the Software only as
authorized in this License Agreement.
This License Agreement does not convey to you any ownership rights or
any other interest in the Software.
3.
Scope of License
3.1. This
Software is licensed to be installed and used on only one computer/phone. A
valid license must be purchased for each computer/phone on which the Software
is installed.
3.2. You
may not copy or make any changes or modifications to the Software, and you may
not translate, decompile, disassemble, or otherwise reverse engineer the
computer/phone program(s). You may not
lend, rent, lease or sublicense the Software or any copy to others for any
purpose. You agree to use all
reasonable efforts to protect the Software from unauthorized use, modification,
reproduction, distribution or publication.
You are not permitted to make any uses or copies of the Software that
are not specifically authorized by the terms of this License Agreement, and
CheatingPartnerDetectives.co.uk reserves all rights that are not expressly
granted to you. Your adherence to this
License Agreement will allow CheatingPartnerDetectives.co.uk to continue
developing innovative and useful products and providing a high level of
customer service and support.
4.
Term
4.1. This
license will become effective on the date you acquire the Software and will
remain in force until terminated. You
may terminate the license at any time by removing the Software from your
computer/phone and destroying the original Software and all copies. This license will automatically terminate if
you breach any of the terms or conditions set out in this License
Agreement. You agree to remove the
Software from your computer/phone, and either to destroy the original Software
and all copies of the Software or to return the Software to CheatingPartnerDetectives.co.uk,
upon termination of this license for any reason.
5.
Transfer
5.1. Provided
the Software has not been installed on a computer/phone, you may transfer your
license of the Software to another party by transferring the original program
media and all applicable documentation, including the original of this License
Agreement, to the recipient, who agrees to the terms of this Agreement. All
other copies of the Software must be deleted and/or destroyed. Any transfer of
possession of the Software terminates your license and all associated benefits
under this License Agreement. You must notify CheatingPartnerDetectives.co.uk
in writing or by email of such transfer.
5.2. You
may not transfer your license to another party once you have installed the
software on a computer/phone.
5.3. You
may not transfer your license to another party by selling or transferring
ownership of the computer/phone on which the Software is installed. The
Software must first be uninstalled from any computer/phone on which the
Software is installed before transferring ownership of the computer/phone. Your
software license is terminated upon sale or transfer of the computer/phone on
which the software is installed.
5.4. You
may not install the Software on another computer/phone even if the Software is
removed from the original computer/phone on which it was installed, unless the
new installation is done on a computer/phone that is replacing the original
computer/phone. The original computer/phone must be taken out of service. You
are explicitly forbid from installing the Software on one computer/phone,
uninstalling the software from the computer/phone, and then installing the
Software on another computer/phone, without purchasing a license for each
computer/phone the Software is installed.
6.
Backup Copy
6.1. You
may make one copy of this Software solely for backup or archival purposes.
7.
Limited Warranty
7.1. CheatingPartnerDetectives.co.uk
warrants the physical program media to be free from, defects for a period of 90
days from the date of your purchase. If
you notify CheatingPartnerDetectives.co.uk of defects during the warranty
period, CheatingPartnerDetectives.co.uk will replace the defective program
media or, at its option, refund the purchase price. Your remedy for breach of
this warranty shall be limited to replacement or refund and shall not encompass
any other damages. No dealer,
distributor, agent or employee of CheatingPartnerDetectives.co.uk is authorized
to make any modification or addition to the warranty and remedies stated above.
7.2. CheatingPartnerDetectives.co.uk
specifically disclaims all other warranties, express or implied, including but
not limited to implied warranties of merchantability and fitness for a
particular purpose.
CheatingPartnerDetectives.co.uk does not provide any warranty as to the
operation of the software or its fitness for any particular application, use or
purpose.
7.3. It is the Clients
responsibility to install any supplied software. If PD Consultants UK Limited
are asked to supply any software to a third party it is the Clients
responsibility to verify receipt of any software and to install the software.
8. Limitations
of Liability and Remedies
8.1. In
no event shall CheatingPartnerDetectives.co.uk or its licensors be liable for
any loss of profit or any other commercial damage, including but not limited to
special, incidental, consequential, punitive or other damages, even if
CheatingPartnerDetectives.co.uk or its licensors are advised, in advance, of
the possibility of such damages. In no event shall the liability of
CheatingPartnerDetectives.co.uk or its licensors exceed £5.00.
9. Other
Terms and Conditions of Use
9.1. You
agree to inform anyone who you may record that their Internet and PC Activity
is subject to being recorded and archived.
9.2. You
agree to install this software ONLY on a computer/phone that you own or on a
computer/phone which you have been given explicit permission to install. You agree to NOT install this software on
any computer/phone you do not own or on any computer/phone you have not been
given explicit permission to install.
9.3. You
acknowledge that CheatingPartnerDetectives.co.uk periodically registers the
Software with its license server by electronic transfer of information via the
internet to the CheatingPartnerDetectives.co.uk license server.
9.4. This
information transfer is done to register the Software and to collect system
specific information for supporting you and to send you information regarding
the product. CheatingPartnerDetectives.co.uk acknowledges that the information
collected to support you is confidential and will not be distributed to any
third party, unless CheatingPartnerDetectives.co.uk is compelled to provide
this information by law enforcement.