Formation
of contract –
ASH
Enforcement Services (The Partnership) will conduct business only on
the following terms & conditions, which:
1
Can only be varied in writing by The Partnership,
2
Will override any terms stipulated or referred to by the
customer in any communication when dealing with The Partnership, and
3
Supersede any prior representation, written or oral, made to
the customer by The Partnership.
Services
–
The
Partnership 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
Partnerships current price list unless otherwise stated.
Payment
–
The
Partnership will invoice the customer for services upon completion
of that service or at stages agreed by The Partnership. 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 30 days
after the invoice date. A 4.5% surcharge will be added to any and
all credit card payments or £0.50 per transaction for debit cards.
The Partnership reserve the right to request a full deposit of the
final estimated invoice before commencement of services with any
overpayments being refundable within 7 working days from the date of
invoice. Statutory interest will be charged on all commercial
accounts not paid within 30 days.
Interest
at 8% above Base Rate will be charged on any overdue private
accounts. Invoices not paid in accordance with our stated terms
which 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 Partnerships services the client states
that –
1.
I understand and agree that The Partnership 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
Partnership 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 Partnership to ensure selected
contractors act within The Partnerships terms and ethics, the
contractor remains ultimately responsible for his / her own actions
and The Partnership holds no liability. Unless otherwise
provided in writing The Partnership 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 Partnership
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 Partnership or a contractor of
The Partnership, 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
Partnership 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 Partnership from any
and all claims or actions (including reasonable legal fees) brought
against The Partnership 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
Partnership 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 Partnership 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
Partnership 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.