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2. Delivery of the Services
TERMS & CONDITIONS
Elliott Commercial shall provide the following service/s to the Client in accordance with the terms and conditions of this Agreement: Services include, but are not limited to: Private Investigations, Matrimonial/Partner Investigations, Surveillance Specialists, Mobile/Email/Internet Surveillance, Pre-Divorce Reports, Child Custody Disputes, Juvenile Activity Surveillance, After Dark Surveillance, Neighbourhood Surveillance/Reports, Process Serving, Witness Statements, Employment Vetting, Background Checks, Company/Directors Reports, Workplace Health and Safety, Workplace Alcohol and Drug Testing, Workplace Fraud, Workplace Accident Reports, Insurance Accident Reports, Insurance Fraud Investigations, People Tracing and Vehicle Tracking.
2. Delivery of the Services
Elliott Commercial will start the Service/s at a time agreed by both parties.
Elliott Commercial shall complete/stop providing the Service/s either when the objective of the Service/s has been achieved or when Elliott Commercial deems appropriate.
Elliott Commercial aims to work constructively and efficiently, thus providing all of its services within the shortest amount of time possible. Due to the nature of investigations a successful outcome for a case can never be guaranteed. Elliott Commercial are paid for time spent on a particular case and not the outcome. However all effort will be made to produce a positive result.
3. Limitation of liability
Elliott Commercial 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.
In no event shall Elliott Commercial 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. The Client will protect, and defend Elliott Commercial, 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 Elliott Commercial be liable to the Client or any third party for any damages. This agreement constitutes the sole agreement between Elliott Commercial and the Client regarding any Service/s provided by Elliott Commercial.
Ordinarily 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 Elliott Commercial 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 within 7 days from invoice date.
Elliott Commercial may request a deposit of up to 100% of estimated cost/quote for job prior to commencing. Elliott Commercial 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.
Unless you notify Elliott Commercial in writing of any discrepancies or unauthorised charges within fourteen (14) 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 Elliott Commercial 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, Elliott Commercial 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 Elliott Commercial for any legal costs which it may reasonably incur to recover its invoice sum.
Elliott Commercial, its agents and representatives will never disclose client information without being served the proper legal instrument that Elliott Commercial 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, Elliott Commercial considers all client materials, identity data, and all material relating to client investigations as highly confidential. All information kept and stored by Elliott Commercial 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.
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. Payment of these costs becomes due immediately. Choosing to use Elliott Commercial signifies your agreement to these terms.