Terms and conditions

Access to, and use of this site is subject to the following terms and conditions and all applicable laws.

Delivery of the Services – Terms and Conditions

a.    Start date: Trace Anyone  shall commence the provision of the service/s at a time agreed by both parties.

b.    Completion date: Trace Anyone shall complete/ cease to provide the service/s either when the objective of the service/s has been achieved or when Trace Anyone deems fit.

Trace Anyone will endeavor to provide all of its services within the shortest amount of time possible, but no guarantees can be made regarding timescales due to the complex investigations that we carry out.

Limitation of liability

a.    Subject to the Client’s obligation to pay the cost of the Service/s to Trace Anyone, Trace Anyone liability in contract, tort or otherwise (including negligence) arising directly out of 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.

b.    To the extent it is lawful to exclude the following heads of loss and subject to the Client’s obligation to pay the cost of the service/s, in no event shall Trace Anyone be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.

c.    Nothing in this Clause will serve to limit or exclude either party’s liability for death or personal injury arising from its own negligence.

Term and Termination

a.    These terms shall be effective on the date hereof and shall continue, until the Completion Date.

b.    Either Party may terminate this Agreement upon notice in writing if the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 7 days of written notice from the other Party so to do; or

c.   If a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either Party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.

d.    Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

Law

a.    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 hold harmless, protect, and defend Trace Anyone, 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.

Legal Notice

a)    Not with standing anything to the contrary contained in these terms, neither Trace Anyone, nor any of its employees or agents warrants that the Service/s will be uninterrupted.

b)   In no event will Trace Anyone be liable to the Client or any third party for any damages including, but not limited to: service interruptions caused by Acts of God, power failures or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to provide the Service/s, failure of any service provider, of any telecommunications carrier, of any sub-contractor, even if Trace Anyone has been advised of the possibility of such damages. Trace Anyone, any agents acting on our behalf, affiliates and representatives make no guarantee that the information contained in reports provided to clients, whether implied or stated, either orally communicated or in writing, are true and accurate. Trace Anyone accepts no liability for any inaccuracies in its reporting, the use, misuse or any loss arising from its reports.

c)This agreement constitutes the sole agreement between Trace Anyone and the Client regarding any Service/s provided by Trace Anyone.

Payment

Ordinarily we will accept payment of cheque, direct debit, bank deposit and electronic transfer, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonored.

The customer may not withhold payment of any invoice or other amount due to Trace Anyone by reason of any right of set-off or counterclaim which the customer may have or allege to have for any reason whatsoever.

All payment(s) for services provided by Trace Anyone are payable before the release of the information collated for the client(s).

You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Service/s, in accordance with the rates and Terms and Conditions established from time to time by Trace Anyone. Any and all amounts payable for Service/s shall be payable in advance and Trace Anyone shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any Services, unless otherwise agreed.

Refund Policy. Where Trace Anyone has been instructed to commence an investigation and any kind of deposit or payment has been made by the client we will retain this amount for 30 days as credit, no refund will be issued.

Unless you notify Trace Anyone in writing of any discrepancies or unauthorised charges within sixty (60) days after they first appear on your credit card statement, PayPal statement or carrier bill, they will be deemed accepted by you for all purposes, including resolution of enquiries made by your card issuer. You release Trace Anyone from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to

Trace Anyone within sixty (60) days of its first appearance on an invoice, credit card statement or carrier bill.

Fees. All fees for instructing Trace Anyone are payable in advance of Trace Anyone commencing work on any instructions for the client. These fees are non-refundable unless agreed.

Failure to make required payments within 7 days of the investigation proceeding will result in the use of a collection agency to recover our costs.

Consultancy/ appointment fees are payable and will be charged by Trace Anyone at the rate of £125.00 per hour, whilst engaged at meetings either in person or by telephone.

No Trace No Fee searches: To proceed on a no trace no fee basis, the client is required to have all of the following information available:

Full name –  forename and surname (no variations of spellings)

Last address within 5 years

DOB (Date of Birth) – day, month and year (no variations)

The subject much be over the age of 18.

Our no trace no fee service is only available for UK based searches and not International searches.

A positive trace can be the address the client has at the start of the investigation, and the client shall be charged the positive trace fee due to the process involved in confirming this.

If we are unable to locate a subject on a no trace no fee basis, we will continue to carry out the search every 30 days over a period of 3 months from the time we were initially instructed.

This is due to the databases updating every 30 days with possible new information relating to the subjects address being available.

A positive trace will constitute information that relates to death of the subject or information which relets to the subject moving abroad.

Our searches are carried out via the databases and resources we have available to us,

Our trace reports are carried out via public databases and investigative sources deemed reliable, its accuracy cannot be guaranteed, so we would always recommend a site visit is carried out at an additional cost to confirm the information is current and correct.

All searches will be carried out on a fixed fee basis unless stated otherwise in writing via email.

DEFAULT IN PAYMENT / Terms of payment

Trace Anyone Ltd 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 judgement. Such interest shall accrue on a daily basis and be compounded quarterly. We also reserve the right to charge £45.00 per invoice as an administration fee for late payment of invoices.

The customer shall indemnify Trace Anyone against any legal costs which it may reasonably incur to recover its invoice sum.

Solicitors, law firms and similar organisations agree to pay all invoices for the services carried out by Trace Anyone Ltd within 30 days of the date of the invoice, unless otherwise agreed in writing.

Any payments that are outstanding for a period of 7 days after completion of the investigation will be referred to Daniels Silverman Limited for collection, and will be subject to a surcharge of £45.00 plus vat to cover the collection costs incurred. this surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.

Where LSC, Legal Aid or Publically Funded Cases are concerned Trace Anyone must be informed prior to commencement of any instructions as this will undoubtedly cause a delay in payment. If no written agreement is provided/agreed with/by the client all invoices must be settled within 30 days as above.

Cancellation

In the event of cancellation by the client of any service prior to the service being started, the client shall be responsible for all costs incurred by the company or full payment of the service requested. Payment of these costs becomes due immediately.

If you are paying by credit or debit card, you hereby irrevocably authorise Trace Anyone to charge your credit or debit card for damages, additional service time, and/or any charges due and not immediately paid by you. Unless you notify Trace Anyone in writing of any discrepancies or unauthorised charges within sixty (60) days after they first appear on your credit card statement, PayPal statement or carrier bill, they will be deemed accepted by you for all purposes, including resolution of enquiries made by your card issuer. You release Trace Anyone from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Trace Anyone within sixty (60) days of its first appearance on an invoice, credit card statement or carrier bill.

If any payment is made to Trace Anyone for any service whatsoever, it is on the understanding that Payment is for the investigation work that Trace Anyone or any persons working on behalf or Trace Anyone are either about to carry out, or have already carried out. Under no circumstances is payment made on the basis of investigation results.

Please note that we do not offer refunds unless otherwise stated by us in writing prior to our receipt of cleared funds. All monies must be paid in advance for all work carried out. Any balance outstanding to us must be settled within 48 hours (unless agreed otherwise). Any balance outstanding to the client will be used as a form of credit that can be used in future investigations. We offer no guarantee of results in any surveillance or outbound work that we undertake. We will not be held responsible for any loss of the subject or not seeing the subject whilst on surveillance and any hours booked prior to the start of any job will be the hours payable in the event of any loss or cancellation.

Legal Disclaimer

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 shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any services, unless otherwise agreed.

Our reports are obtained from public records data and investigative sources deemed reliable, its accuracy cannot be guaranteed due to potential errors in the actual recording, reporting of the data, or the inability to verify certain data contained in our records and information sources.

Since the information is not owned by Trace Anyone. or any of its affiliates, and since public records data on any one individual, group of individuals, company, or companies can be contained in more than one repository, Trace Anyone. or any of its affiliates can only rely on its accuracy from the public records data sources presently available at the time of the search/ investigation.

The information contained in our reports is confidential and proprietary of the investigative company providing the reports. Our reports and any information contained therein is for the exclusive use of the client without any liability on the part of Trace Anyone, its directors, officers, agents or employees, or any of its affiliates or sources.
 
If you would like to get in contact with us about our Terms and Conditions please do not hesitate to contact us via info@traceanyone.co.uk