Are They Safe LTD will provide the following service/s to the Client in accordance with the terms and conditions of this Agreement: Services covered in these Terms and conditions include, but are not limited to: Private Investigations, Surveillance, Matrimonial Investigations, Partner Investigations, Tracing, Mobile/Email/Internet Surveillance, Child Custody Disputes, Neighbourhood Surveillance, Background Checks, Employment Background Checks, Company/Directors Reports, Fraud Investigations, People Tracing, Mobile and Landline Number Tracing and Vehicle Tracking.
2. Delivery of the Services
Are They Safe will start the Service/s at a time agreed by both parties.
Are They Safe shall complete/stop providing the Service/s either when the objective of the Service/s has been achieved or when Are They Safe deems appropriate.
Are They Safe works constructively and efficiently, providing all of its services within the shortest amount of time possible. However a successful outcome for a case can never be guaranteed. You agree to pay Are They Safe for time spent on a particular case and not the outcome. However all effort will be made to produce a positive result for you.
Background and Enhanced Background Checks take 5-7 working days to complete.
3. Limitation of liability
Are They Safes liability (including negligence) arising directly/or in connection with these terms or the performance or observance of its obligations under these terms and every applicable part of it shall be limited in aggregate to the cost of the service/s.
Are They Safe will not be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
4. Term and Termination
Either Party may terminate this Agreement in writing if the other is in breach of any obligation contained in this Agreement, which is not rectified within 7 days of written notice from the other Party.
Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Service/s contemplated herein. b. The Client will protect, and defend Are They Safe, 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, whilst operating on behalf of the client.
6. Legal Notice
In no event will Are They Safe be liable to the Client or any third party for any damages.
This agreement constitutes the sole agreement between Are They Safe and the Client regarding any Service/s provided by Are They Safe.
We will accept payment of charges by cheque, direct debit, bank deposit and electronic transfer, but we reserve the right to refuse any payment method if we have reason to believe such payment will be dishonoured.
The customer may not withhold payment of any invoice or other amount due to Are They Safe for any reason. You agree to pay all fees and charges (and applicable taxes) incurred which relate to the use of the Service/s, in accordance with the rates and Terms and Conditions. Any and all amounts payable for service/s shall be payable immediately.
Are They Safe may request a deposit of up to 100% of estimated cost/quote for job prior to commencing. Are They Safe shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use or pre booking of any services, unless otherwise agreed.
Unless you notify Are They Safe in writing of any discrepancies or unauthorised charges within thirty (30) days after they first appear on your Invoice statement or bank statement, they will be deemed accepted by you for all purposes. This includes resolution of enquiries made by your card issuer and you release Are They Safe from all liabilities and claims of loss resulting from any error or discrepancy.
8. Default in Payment
In default of due payment of its invoice, Are They Safe may in its absolute discretion and irrespective of any other rights maintain an action against the customer for the invoice sum upon which interest shall be payable at the rate of 8% per calendar month or part thereof from the date of the invoice until payment.
The customer agrees to pay Are They Safe for any legal costs which it may reasonably incur to recover its invoice sum.
Are They Safe, its agents and representatives will never disclose client information without being served the proper legal instrument that Are They Safe must comply with, unless the client expressly wishes us to release any such information to a third party. In the absence of such an instrument, or client authority to release information pertaining to a client’s investigations, Are They Safe considers all client materials, identity data, and all material relating to client investigations as highly confidential. All information kept and stored by Are They Safe will be held in accordance to UK Data Protection Laws.
10.1 – You agree to inform anyone who you may record that their Internet and PC Activity/Phone Activity/Vehicle activity is subject to being recorded and archived.
10.2 – You agree to install equipment ONLY on a computer/phone/vehicle that you own. You agree to NOT install this equipment on any computer/phone/vehicle you do not own.
10.3 Loss or Damage to Hire Equipment. If any Hire Equipment provided by Are They Safe Ltd is 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, until such repairs and/or cleaning have been completed. You will pay to Are They Safe Ltd the replacement cost of any Hire Equipment which is, for whatever reason lost, stolen and/or damaged beyond economic repair during the Hire Period.
In the event of written cancellation by the client of any service prior to the service being commenced, the client shall be responsible for all costs incurred by the company for administration, due diligence and file creation usually 25%. Payment of these costs becomes due immediately.
In respect to surveillance enquiries, or any other ‘pre- booked’ investigation, written cancellation within 72 hours will be liable to 45% of the fee quoted whilst cancellation 48hrs or less will render the full fee liable.
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, and for these purposes ‘written cancellation’ refers to email.
12. Long distance Selling rules
Due to the nature of the services provided Are They Safe LTD opt out of the long distance selling rule, as the majority of cases commence immediately telephone instruction/email instructions are received by us, for the best benefit of our clients.
Choosing to use Are They Safe signifies your agreement to these terms and conditions.