TERMS & CONDITIONS

EMG Investigations Limited (the Company) will conduct business only on the following terms and conditions, which:

• Can only be varied in writing by the Company.
• Will override any terms stipulated to by the customer in any communication except where explicitly agreed in writing.
• The headings used in this document are for convenience only and shall have no effect upon the interpretation of this document.
• Words imparting the singular number shall included the plural and vice versa.
• References made to any gender shall include the other gender.
• References made to persons shall include corporations.

Communication

• We shall communicate with the instructing person/company and their office as appears to be appropriate.If you have any other requirements in this matter please advise us in writing (email communication is accepted as ‘in writing and will be for the remainder of this document).
• Instructions should be given in writing.  However, if given orally we will confirm in writing and this must be acknowledged prior to commencement of services.
• These terms and conditions shall be governed by English law and any dispute arising outof or in connection with a case shall be determined by the English courts.

Liability

• The service we provide to you, which may include information or advice given to you, is based solely on the information you have given to us and does not constitute advice to any third party.
• We are not qualified to give legal advice and would suggest you seek appropriate advice if required.

Force Majeure

• Neither party shall be liable for any failure in delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms earthquakes, acts of terrorism, car crashes, acts of war and any action or any other event that is beyond the control of the Party in question.

Services

• The Company provides investigations and research services for primarily legal and business purposes.
• We will provide the instructed service as permitted by English Law.
• We may, depending on type of work, outsource suitably qualified personnel or a company to assist with the instruction.
• We reserve the right to refuse any instruction.
• On every instruction that is undertaken we verify that there is a lawful basis. Any change to the basis of the enquiry or investigation must be notified to us immediately and we reserve the right to terminate the enquiry.
• The client is responsible for providing us with accurate information and/or documentation.
• Any time constraints must be made explicit when instructing us.
• When providing tracing services, in some instances we reserve the right to gain consent before providing the contact details of a person.If consent is withheld the tracing service is still chargeable.
• We will make every effort to complete instructions within a given time frame. However, we cannot be responsible for any liability, particularly by third parties such as couriers.
• We reserve the right to dispose of any documents within six months of completing a case except where explicitly requested not to do so.
• We cannot be responsible for any documents or other items that our not in our control (such as when sending by post or courier).
• We reserve the right to conduct due diligence prior to commencement of services on the client. To conduct these enquiries we may need to verify proof of identity.
• If you require us to print documentation at our offices we reserve the right to charge 10p per page for b&w and 50p per page for colour. If we outsource printing, it will be charged at cost.

Price of Service 

• The cost of the services shall be indicative of the type of work undertaken and it is normal for us to provide a quote or estimate in each instance with out instruction notice.
• The agreed price is normally quoted without costs of disbursements and expenses.
• We charge VAT where applicable.
• Our terms of business are in advance, or within 30 days. There are no exceptions to this unless agreed in writing before work has commenced.
• Invoice queries must be received with 14 days from the date of the invoice or it will be deemed the invoice has been accepted.
• We reserve the right to charge interest at 8% above the underlying base rate in relation to charges and debt recovery costs.

Confidentiality/Documentation and Personal Data

• We undertake to keep all confidential information confidential and store in a safe manner.
• We retain during and following the completion of the services documentation relating to the case that may be required in the future.
• In the event of a data breach the client we will adhere to the requirements of GDPR.
• We comply fully with GDPR.

Cancellation

• We must be notified 48 hours prior to commencement of service of the cancellation (or deferment of service) unless this timescale is agreed, in writing, in advance.
• We reserve the right to charge a fee if cancellation of service is not received in good time. This fee may be the total cost of the service.
• We reserve the right to charge outstanding fees if we terminate the service.
• Any sum owing to either side shall become immediately due and payable if services are terminated.
• Any documentation shall be immediately returned to either party on termination of services.

Complaint

• In the event that a client is not satisfied with the services provided a written complaint should be made to us in the first instance detailing the issue. All complaints will be handled in an efficient manner and we will endeavour to resolve them in a timely manner. In the event that this does not the resolve the situation the complaint can be referred to the Association of British Investigators to adjudicate.