TERMS OF BUSINESS
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1. Definitions and Interpretation
1.1 In these Conditions the following words shall have the following meanings:
“Client” means the individual, partnership, company or any other entity instructing Tracenet Legal Services to carry out Services.
“Conditions” means these terms and conditions incorporated into every contract for Services made between the Client and Tracenet Legal Services.
“Services” means any of the services and activities carried out by Tracenet Legal Services on behalf of the Client, tracing absconding debtors, legal services and bespoke credit management assistance.
“Tracenet” means Tracenet Legal Services whose business address is Crown House, Wimborne Road, Wimborne, Dorset, BH2 1NN and includes any employees, agents, representatives, suppliers or any other third parties contracted by Tracenet Legal Services in providing the Services.
1.2 In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these Conditions headings will not affect the construction of these Conditions.
2.1 Subject to any variation under Condition 2.3, any contract or agreement for Services between Tracenet Legal Services and the Client will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any document).
2.2 These Conditions supersede all previous terms and conditions in force between Tracenet Legal Services and the Client and prospective clients unless otherwise agreed in writing by Tracenet Legal Services.
2.3 Any variation to these Conditions shall have no effect unless expressly agreed in writing and signed by the proprietor of Tracenet Legal Services. Nothing in this Condition will exclude or limit Tracenet Legal Services liability for fraudulent misrepresentation.
2.4 Each request by the Client for Tracenet Legal Services to provide the Services shall be deemed to be a request by the Client to receive Services subject to these Conditions.
3.1 Absconder Trace
3.1.1 Where tracing is charged on a “No Find, No Fee” basis a successful trace is where a contact address for the subject is obtained and confirmed by Tracenet Legal Services to the Client.
3.2 Employment Trace
3.2.1 Where tracing is charged on a “No Find, No Fee” basis a successful trace is where either:
188.8.131.52 the subject is confirmed to be in employment and their employer’s details are provided by Tracenet Legal Services to the Client; or
184.108.40.206 the subject is confirmed by Tracenet Legal Services to the Client as being self-employed; or
220.127.116.11 the subject is confirmed by Tracenet Legal Services to the Client as being unemployed.
3.3 Trace Re-check Requests
3.3.1 If requested, re-checks will be carried out within 30 (30) days of the original report.
3.3.2 Re-checks requested after the expiry of the 30 (30) day period referred to in Condition 3.3.1 above will be treated as a new trace.
3.3.3 Where information supplied by Tracenet Legal Services is found to have been incorrect at the time of the original report, a full credit of the original report fee will be issued to the Client.
3.3.4 Where information supplied by Tracenet Legal Services is found to have been incorrect at the time of the original report but new information is obtained in the course of the re-check, a full credit of the original report fee will be issued to the Client and the new information will be supplied and invoiced to the Client at the agreed trace fee.
3.3.5 Where information supplied by Tracenet Legal Services is found to have been correct at the time of the original report and where new information is obtained in the course of the re-check, a further fee equal to the original report fee will be charged to the Client.
3.3.6 Where information supplied by Tracenet Legal Services is found to have been correct at the time of the original report and that information is confirmed as still correct or an approximate date of leaving since the original report date is confirmed in the course of the re-check, a further fee equal to 50% of the original report fee will be charged to the Client in addition to the original report fee.
4. Service of Documents
4.1 The collection and delivery of documents from the Client’s premises are subject to a collection/delivery fee as advised to the Client from time to time by Tracenet Legal Services of upto £35.00.
4.2 Subject to the remaining provisions of this Condition 4 below, the fee agreed between Tracenet Legal Services and the Client for the service of documents includes attendance at the subject’s address in accordance with CPR Rules (Part 6) or equivalent to attempt service and the preparation of a witness statement.
4.3 If requested by the Client, an affidavit of service will be prepared and sworn by Tracenet Legal Services subject to an additional fee of £7.00
4.4 Unless the Client provides duplicate copies of each set of documents to be served, Tracenet Legal Services reserves the right to make reasonable charges to the Client for photocopying of documents prior to service at £0.10p per page.
4.5 Fees for the postage of large or bulky items will be charged at cost by Tracenet Legal Services to the Client.
4.6 Fees for the same day service of documents will be advised by Tracenet Legal Services to the Client and may include courier charges and fees at an hourly rate.
4.7 Fees for the next day service of documents will be advised by Tracenet Legal Services to the Client and may include overnight guaranteed delivery charges.
6. Client’s Obligations and Liabilities
6.1 The Client warrants and undertakes that any accounts referred to Tracenet Legal Services for action are true and valid and agrees that Tracenet Legal Services will not be liable for any loss or damage which may be suffered as a consequence of the Services provided.
6.2 The Client warrants and undertakes that any signatory or person or organisation that submits any request for Services has the proper authority to do so and agrees and undertakes to be liable for any fee or other charges incurred as a result of that submission.
6.3 Tracenet Legal Services may require additional information from the Client to enable Tracenet Legal Services to carry out the Services. Any request for additional information by Tracenet Legal Services to the Client should be produced as soon as possible. In the event that the Client has failed to provide such additional information after the expiry of 14 days, Tracenet Legal Services reserves the right to re-assign the age of the debt and adjust the commission rate accordingly.
6.4 Any information supplied by Tracenet Legal Services to the Client is to be treated as indicative only and the Client agrees that information supplied by Tracenet Legal Services is supplied in the strictest of confidence. The Client agrees not to divulge any information or part to any third party or parties. All correspondence including conversations are agreed to be strictly confidential and shall not be repeated to any outside source.
6.5 The Client shall make all payments due to Tracenet Legal Services under these Conditions or otherwise without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by Tracenet Legal Services to the Client.
6.6 The Client agrees and permits Tracenet Legal Services to make searches against the Client at any credit reference agency unless such consent is with withdrawn by written notice to Tracenet Legal Services.
6.7 The Client agrees to undertake any reasonable actions and provide instructions to Tracenet Legal Services upon request to enable Tracenet Legal Services to carry out the Services. In the event that the Client fails to take such actions or provide instructions within 21 days, Tracenet Legal Services reserves the right to charge the Client the fees and/or commissions agreed to be payable as if the Services had been successfully performed in their entirety by Tracenet Legal Services.
7. Fees, Commissions and Charges
7.1 The prices and charges payable by the Client are those quoted prior to the commencement of work unless otherwise separately agreed in writing to the Client prior to Tracenet Legal Services being instructed to act by the Client.
7.2 Where prices and charges are not quoted, Tracenet Legal Services undertakes as far as is reasonable and is possible to notify the Client of any extraordinary or additional charges before such charges are incurred or likely to be incurred.
7.3 All fees and charges are subject to VAT at the prevailing rate where applicable.
7.4 If requested by Tracenet Legal Services, the Client agrees to make a payment on account of costs prior to the commencement of the provision of the Services by Tracenet Legal Services.
7.5 Tracenet Legal Services reserves the right to deduct collection fees from all direct payments received on behalf of the Client.
7.6 Tracenet Legal Services credit terms are 14 days from date of invoice unless extended credit terms have been agreed in writing with Tracenet Legal Services. Time of payment shall be of the essence of all contracts between the Client and Tracenet Legal Services to which these Conditions apply.
7.7 Tracenet Legal Services charges interest at 8% above base on late payment of invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time).
7.8 In the event that the Client instructs Tracenet Legal Services to institute any form of legal action, the Client will be liable in such cases on an indemnity basis for all charges, costs, expenses, fees (including court fees) and disbursements of whatever nature incurred by or billed to Tracenet Legal Services notwithstanding that the same may be recovered from the Clients debtor(s) and in the event that the same are recovered by Tracenet Legal Services, the said amounts will be repaid to the Client.
7.9 Where Tracenet Legal Services is instructed to carry out additional work such as liaising with solicitors, outside agencies, producing written reports, acting solely as a witness etc, this work is chargeable at an hourly rate advised from time to time by Tracenet Legal Services to the Client.
7.10 Tracenet Legal Services reserves the right to deduct any amounts due to Tracenet Legal Services pursuant to overdue outstanding invoices to the Client from any monies held in Tracenet Legal Services client account on behalf of that Client.
8. Other Services
8.1 Tracenet Legal Services will, on application, provide Clients with other services, tailored to the Client's specific requirements and for which a separate and or additional agreement or charges will be reached if requested by the Client.
8.2 Where such services are provided the Client will be liable for all incumbent overheads, disbursements and charges whatsoever incurred by Tracenet Legal Services or its agents at the prescribed rates notified or agreed separately with the Client.
8.3 Where the Client instructs Tracenet Legal Services to hold suspend or discontinue performance of the such services without reasonable explanation or without the recommendation of Tracenet Legal Services, then Tracenet Legal Services reserves the right to charge the Client the fees and/or commissions agreed to be payable as if such services had been successfully performed in their entirety by Tracenet Legal Services.
9. Tracenet Legal Servicess Obligations and Liabilities
9.2 Tracenet Legal Services has in place public liability insurance and professional indemnity insurance and the Client accepts that Tracenet Legal Services total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the sum insured provided always that Tracenet Legal Services shall not be liable to the Client for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arises out of or in connection with the Services provided by Tracenet Legal Services. Nothing in these Conditions excludes or limits the liability of Tracenet Legal Services for death or personal injury caused by the Tracenet Legal Services negligence or fraudulent misrepresentation.
9.3 Tracenet Legal Services will not be liable for any losses or damages arising out of any incorrect information contained in any legal processes.
9.4 Tracenet Legal Services accepts no liability for errors or negligence caused by actions of employees, representatives, suppliers or any other third party contracted by Tracenet Legal Services in providing the Services or fulfilling its responsibilities and duties towards the Client.
9.5 Tracenet Legal Services will at all times maintain confidentiality as regards the information obtained from the Client in the performance of the Services and shall not disclose such information to any third party (other than its employees, agents, representatives, professional advisors, suppliers or any other third parties contracted by Tracenet Legal Services in providing the Services) without the consent of the Client (such consent not to be unreasonably withheld) or to the extent that Tracenet Legal Services is under a legal duty to disclose such information.
9.6 Documents provided to Tracenet Legal Services are agreed to be provided at the senders own risk and only copies of relevant documents should, if necessary, be passed for action. Tracenet Legal Services does not accept responsibility for any documents that are lost or destroyed. Tracenet Legal Services reserves the right to dispose of or destroy documents still in its possession three months from date of receipt.
9.7 Witness court attendance by Tracenet Legal Services is subject to court location and availability.
10. General Conditions
10.1 Tracenet Legal Services reserves the right to defer the provision of the Services if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Tracenet Legal Services including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce) provided that, if the event in question continues for a continuous period in excess of 30 days, either party shall be entitled to give notice in writing to the other to terminate any contract subject to these Conditions.
10.2 In the event of a Client failing to pay any charges or invoices due to Tracenet Legal Services, then Tracenet Legal Services reserves the right not to provide the Client with continuing Services and to withdraw all or any Services without notice.
10.3 Each right or remedy of Tracenet Legal Services under these Conditions is without prejudice to any other right or remedy of Tracenet Legal Services whether under these Conditions or not.
10.4 If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Conditions and the remainder of such provision shall continue in full force and effect.
10.5 Failure or delay by Tracenet Legal Services in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
10.6 Any waiver by Tracenet Legal Services of any breach of, or any default under, any provision of these Conditions by the Client will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
10.7 Nothing in these Conditions or the provision of the Services shall create or be deemed to create a partnership or the relationship of principal and agent or employer and employee between the Client and Tracenet Legal Services.
10.8 Any notice hereunder shall be in writing and be deemed to have been duly given if delivered personally or sent by pre-paid first class post (airmail if to an address outside the United Kingdom) fax to the party concerned at its last known address. Notices delivered personally shall be deemed to have been given when delivered, notices sent by first class post shall be deemed to have been given seven days after despatch (fourteen days if given by airmail) and notices sent by fax shall be deemed to have been given on the date of despatch.
10.9 The Client is not permitted under these Conditions to attempt to employ any Tracenet Legal Services staff whilst employed by Tracenet Legal Services or for a period of six months after leaving Tracenet Legal Services.
10.10 Tracenet Legal Services and the Client do not intend that any term of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party any contract for the provision of Services.
10.11 These Conditions shall be governed by English Law and all parties shall submit to the exclusive jurisdiction of the courts of England and Wales.